Articles
<![CDATA[THE IMPLEMENTATION OF PROGRESSIVE LAW AGAINST THE DEFENDANT ABILITY TO ACHIEVE SUBSTANTIVE JUSTICE ]]>
<![CDATA[Rr. Dijan Widijowati]]>
<![CDATA[ Jurnal Pembaharuan Hukum Vol 8, No 3 (2021): Jurnal Pembaharuan Hukum ]]>
Publisher : <![CDATA[UNISSULA ]]>
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DOI: 10.26532/jph.v8i3.18777
<![CDATA[The enactment of the law in society aims to create justice, legal certainty, benefit and social empowerment for the community, to lead to the ideals of the court as a protector of society, the judge must always prioritize the 4 (four) legal objectives above in every decision he makes. This is in line with what the law is based on, namely the law for the welfare of the community. The poor are often victims of unfair law enforcement due to their ignorance of law enforcement and financial incompetence. The purpose of this study is to analyze the progressive law applied to poor defendants seeking substantive justice and to find out and analyze the state should be able to assist poor defendants in the judicial process in accordance with the rule of law principle. This research uses normative juridical method. Judges in deciding legal cases for the poor should have a progressive view, thus judges will conceptualize each article in the legislation not only as a statement about the existence of a causal (cause and effect) relationship that is straightforward according to logical law but also always contains moral substance originating from ethics and professionalism of judges.]]>
<![CDATA[Flexibility Protection of Copyright in Indonesia ]]>
<![CDATA[Dijan Widijowati]]>
<![CDATA[ The Southeast Asia Law Journal Vol 1, No 2 (2016) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/salj.v1i2.7
<![CDATA[Information technology developments with various functions of application has become public needs on performing activities of daily life. Information technology development and duplication have a positive contribution to human civilization in modern times, but has given distortion of copyright protection in Indonesia. Establishment Copyright Act No. 28 of 2014 is expected to provide protection originators without extinguish of information technology. Normative juridical approach used in this research to described descriptive analytical assessment phase which focuses on the assessment of secondary data. Data was collected with literature study to support the object assessment. The results showed that Copyright Act No. 28 of 2014, not be able to restrict application functions of user as protection for originators. Surveillance, prevention and control of information technology user and duplication should be done in an integrated manner with involvement of businesses and third parties who have the technological ability to control digital devices in the process of duplication.]]>
<![CDATA[Determining Criminal Actions in Corruption: The characteristics of Freies Ermessen Principles ]]>
<![CDATA[Dijan Widijowati]]>
<![CDATA[ The Southeast Asia Law Journal Vol 2, No 1 (2016) ]]>
Publisher : <![CDATA[Postgraduate of Jayabaya University ]]>
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DOI: 10.31479/salj.v2i1.75
<![CDATA[The government is required to solve the dynamics of the problem quickly and precisely by deciding a policy even though it has no legal framework (freies ermessen). The implementation of freies ermessen in practice is often used as the basis of alleged corruption by Corruption Eradication Commission (CEC/KPK). The method used in the assessment is the normative juridical approach with literature approach. The implementation of freies ermessen has the risk of success and failure that could harm the state, but Corruption Eradication Commission should be able to consider the failure of the policy is part of the business in freies ermessen. Keywords: Corruption Eradication Commission , criminal act, freies ermessen.]]>
<![CDATA[PERAN TEORI IDENTIFIKASI DALAM PERTANGGUNGJAWABAN KORPORASI PADA TINDAK PIDANA PERLINDUNGAN KONSUMEN ]]>
<![CDATA[Lamhot Erik Butarbutar]]>;
<![CDATA[Rr. Dijan Widijowati]]>;
<![CDATA[Agung Makbul]]>
<![CDATA[ Kertha Semaya : Journal Ilmu Hukum Vol 10 No 7 (2022) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Udayana ]]>
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DOI: 10.24843/KS.2022.v10.i07.p18
<![CDATA[Tujuan dari penelitian ini ialah untuk mengetahui ketentuan tentang perlindungan konsumen dan hak hak konsumen serta ketentuan pidana bagi korporasi dalam undang undang perlindungan konsumen dan mengalisis peran teori identifikasi dalam pertanggungjawaban korporasi pada tindak pidana perlindungan konsumen. Penelitian ini menggunakan metode yuridis normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Berdasarkan hasil dari penelitian ini diketahui bahwa Undang Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen telah mengatur secara tegas mengenai bentuk bentuk perlindungan konsumen dan hak hak konsumen, dan juga diatur mengenai ketentuan pidana bagi korporasi yang melakukan pelanggaran atas ketentuan undang undang ini sebagaimana dalam Pasal 61 dan Pasal 62 Undang Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen, dan penuntutan terhadap korporasi dalam terjadinya tindak pidana perlindungan konsumen dapat dilakukan apabila penuntut umum dapat mengidentifikasi bahwa yang melakukan perbuatan pidana adalah pengurus yang merupakan personil pengendali dari korporasi tersebut dan perbuatan tersebut termasuk dalam lingkup dan maksud tujuan korporasi. The purpose of this study is to determine the provisions on consumer protection and consumer rights as well as criminal provisions for corporation in the consumer protection law and also to analyze the role of identification theory in corporate responsibility for consumer protection crimes. This study uses a normative legal research with a statutory approach and a conceptual approach. Based on the results of this study, it is known that Law Number 8 year 1999 concerning Consumer Protection has explicitly regulated the forms of consumer protection and consumer rights, and also stated the criminal provisions for corporations that violate the provisions of this law as in Article 61 and Article 62 of Law Number 8 year 1999 concerning Consumer Protection, and prosecution of corporations in the occurrence of consumer protection crimes can be carried out if the prosecutor can identify that the person committing the criminal act is the management who have authorization to control the corporation and the act is included in the scope of company business purposes.]]>
<![CDATA[Security and Legal Protection for Building Owner of the Land Belongs to Others Related to Principle of Horizontal Separation ]]>
<![CDATA[Rr. Dijan Widijowati]]>;
<![CDATA[Aristyo Rahadiyan]]>
<![CDATA[ International Journal of Science and Society Vol 3 No 1 (2021): International Journal of Science and Society (IJSOC) ]]>
Publisher : <![CDATA[GoAcademica Research & Publishing ]]>
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DOI: 10.54783/ijsoc.v3i1.307
<![CDATA[The increasing need for land can lead to conflicts in the land sector; therefore, the Indonesian government has enacted Law Number 5 of 1960 concerning Basic Agrarian Principles, which intends to establish a National Agrarian Law based on Customary Law on land. The Land Law adopted by the Basic Agrarian Law rests on Customary Law which recognizes the horizontal scheiding principle. The implementation is with the existence of lease rights for buildings. In line with the principle of horizontal separation adhered to by the Basic Agrarian Law, building construction can be carried out either on one's land or on other people's land. The problem discussed in this study is how legal certainty and protection for building owners who stand on land owned by other people and what legal remedies the building owner can take to own the building still use other people's land. The research method used is normative juridical; typology used in this research is explanatory research and prescriptive research. The approach used in this research is normative. Based on this research results, Defendant I and Defendant II are not allowed to submit a petition for vacant buildings belonging to Plaintiff is on land owned by Defendant I and Defendant II. The building belonged to Plaintiff, so Defendant I and Defendant II did not have authority over the building. If it is related to the principle of horizontal separation, the request to vacate the establishment is contrary to the regulation adhered to by agrarian law in Indonesia. Can do another result of the efforts made by building owners to use other people's land through non-litigation, litigation, and abrasive actions.]]>
<![CDATA[Decriminalization as a Concept of Protection for Narcotics Addicts as Victims ]]>
<![CDATA[Dijan Widijowati]]>;
<![CDATA[Bony Daniel]]>
<![CDATA[ International Journal of Science and Society Vol 4 No 4 (2022): International Journal of Science and Society (IJSOC) ]]>
Publisher : <![CDATA[GoAcademica Research & Publishing ]]>
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DOI: 10.54783/ijsoc.v4i4.556
<![CDATA[The criminal law policy that considers every form of dependence caused by narcotics must receive rehabilitation, one of which can be reviewed based on Article 55 of Law Number 35 of 2009 concerning Narcotics. The responsibility of the state to repair and recover addicts from narcotics dependence can be done concretely through jurisprudence that has a paradigm of Protection for narcotics addicts as well as the paradigm of the state which has responsibility for the survival of narcotics addicts against narcotics abusers in Indonesia and how to formulate decriminalization as a form of justice for narcotics addicts. This research is included in normative juridical law research. Legal research that wants to examine the effectiveness of statutory regulation is a comparative study between legal reality and legal ideals, where the law is conceptualized as what is written in legislation or statute is conceptualized as a rule or norm, which is a benchmark for human behaviour that is considered appropriate. The study results show that the laws and regulations governing narcotics require renewal of the substance of the articles in the direction that describe the qualifications of addicts as victims or addicts as perpetrators of narcotics crimes; the law can substantively determine concrete Protection for drug addicts.]]>
<![CDATA[Category of Unlawful Acts That Are Not Corruption Crimes for the Sake of Achieving Legal Certainty ]]>
<![CDATA[Regi Julian]]>;
<![CDATA[Rr. Dijan Widijowati]]>;
<![CDATA[Kristiawanto]]>
<![CDATA[ International Journal of Science and Society Vol 5 No 2 (2023): International Journal of Science and Society (IJSOC) ]]>
Publisher : <![CDATA[GoAcademica Research & Publishing ]]>
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DOI: 10.54783/ijsoc.v5i2.669
<![CDATA[Act of corruption, an act that already exists at an alarming level in Indonesia. The element against the law in corruption cases is essential and determines the existence of a criminal act of corruption that must be accounted for, both positional responsibility and personal responsibility. The consequences of personal responsibility are related to criminal responsibility. This research will be carried out to see how the form of unlawful acts does not meet the elements of corruption and how the concept of legal certainty for unlawful acts does not meet the elements of corruption. This research will be carried out using normative juridical research. This research will then be carried out using the Statute Approach and Case Approach. The results of this study then found at least seven types of formulations in criminal acts of corruption in Law No. 31 of 1999 in conjunction with Law No. 20 of 2001. Suppose an act is considered to have violated the law and can be subject to criminal sanctions. In that case, two elements must be fulfilled: the actus reus (physical element) and mens rea (mental element) elements. The element of actus reus is the essence of the crime itself or the act committed, while the element of mens rea is the inner attitude of the perpetrator at the time of committing the act.]]>
<![CDATA[Legal Comparison Of Prostitution Arrangements In Indonesia And Sweden ]]>
<![CDATA[Rr. Dijan Widijowati]]>
<![CDATA[ Journal Research of Social Science, Economics, and Management Vol. 2 No. 12 (2023): Journal Research of Social Science, Economics, and Management ]]>
Publisher : <![CDATA[Publikasi Indonesia ]]>
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DOI: 10.59141/jrssem.v2i12.493
<![CDATA[Prostitution is one of the social problems that occur in Indonesia. Currently the perpetrators of prostitution have been among teenagers, students, students, housewives, and various other circles. The problem of prostitution is clearly not an easy problem to solve, and it cannot be denied that it continues to emerge with various modus operandi in society and develops along with the progress of the times, science and technology. The purpose of this study is to find out how the criminal law policy is against the parties that involved in the protitution crime in Indonesia and to figure out how the criminal law policy is against prostitution services users in Sweden. The method used is normative legal research. This research approach uses a comparative approach. Source of data comes from secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The conclusions in this study indicate that the current regulation of criminal law against the crime of prostitution has not been able to accommodate the problems of prostitution in Indonesia and it is necessary to establish new rules governing the crime of prostitution. The regulations regarding prostitution in Sweden are different from those in Indonesia. considering that the Swedish state enforces laws and regulations governing the crime of prostitution as contained in the Sex Purchase Law, and the Swedish government has also established a special investigative agency in the field of prostitution.]]>
<![CDATA[TANGGUNG JAWAB NOTARIS YANG TIDAK DAPAT MENUNJUKKAN MINUTA AKTA DALAM PROTOKOL NOTARIS PADA PEMERIKSAAN KEPOLISIAN ]]>
<![CDATA[Gio Vanni Tampubolon]]>;
<![CDATA[Rr.Dijan Widijowati]]>;
<![CDATA[Felicitas Sri Marniati]]>
<![CDATA[ Jurnal Ilmiah Global Education Vol. 4 No. 2 (2023): JURNAL ILMIAH GLOBAL EDUCATION, Volume 4 Nomor 2, Juni 2023 ]]>
Publisher : <![CDATA[LPPM Institut Pendidikan Nusantara Global ]]>
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DOI: 10.55681/jige.v4i2.732
<![CDATA[For the purposes of the judicial process, investigators, public prosecutors, or judges with the approval of the Notary Honor Council are authorized to take photocopies of Minutes of Deeds and/or letters attached to Minutes of Deeds or Notary Protocols in the Notary's custody. However, in practice or the phenomena that occur, the notary cannot show the minutes of the deed that should be kept as a notary protocol. The formulation of the problems in this study What are the legal consequences of a notary not being able to show the minutes of the deed during a police inspection? And What is the form of responsibility of a notary who cannot show minutes of the deed during police investigation? The frame of mind in this research uses the theory of responsibility and the theory of legal consequences.This research uses the type of normative juridical research. The research approach used is the statutory approach, the conceptual approach, the analytical approach and the case approach. The sources of legal materials used are primary, secondary and tertiary legal materials. The technique of collecting legal material is carried out by identifying and inventorying positive law, literature, books, journals and other sources of legal materials. The technique of analyzing legal material is carried out by means of grammatical interpretation and systematic The results of the study show that Legal consequences if the Minuta Deed is destroyed but not due to force majeure, the Notary cannot be held responsible. Legal consequences if the minutes of the deed are destroyed due to a notary's mistake or negligence, the notary must be responsible and may be subject to civil and/or administrative sanctions. as stated in Article 9 paragraph (1) letter d UUJN namely temporary dismissal from his position as a Notary because he has violated the obligations and prohibitions of office]]>
<![CDATA[Application of Compensation Money Legal Sanctions in Corruption Crimes in Indonesia and the United States ]]>
<![CDATA[Rr. Dijan Widijowati]]>
<![CDATA[ INFLUENCE: INTERNATIONAL JOURNAL OF SCIENCE REVIEW Vol. 5 No. 2 (2023): INFLUENCE: International Journal of Science Review ]]>
Publisher : <![CDATA[Global Writing Academica Researching and Publishing ]]>
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DOI: 10.54783/influencejournal.v5i2.150
<![CDATA[After the issuance of TAP MPR Number IX/MPR/1998 concerning State Administration that is Clean and Free from Corruption, Collusion and Nepotism, the People's Representative Council of the Republic of Indonesia (DPR RI) then issued a series of laws against corruption, including: Law Number 31 of 1999 concerning the Eradication of Corruption Crimes; and Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Eradication of Corruption Crimes. Apart from that, the government is also making efforts through determining the payment of money as compensation for corruption. The problem is how is the legal comparison between Indonesia and the United States regarding criminal sanctions for money as compensation in the concept of law enforcement on corruption crimes? The research used is normative legal research, namely a scientific research procedure to find the truth based on the scientific logic of law from a normative side, studying the application of rules or norms in positive law to find legal rules, legal principles, and doctrines, generate arguments, theories, or new concepts to find solutions to legal issues that arise and answer problems. The results of the study show that there are differences between Indonesia and the United States regarding criminal sanctions for money substitutes in the concept of law enforcement for criminal acts of corruption.]]>
