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Diktum
Published by Universitas Pancasakti Tegal
ISSN : 23385413     EISSN : 26553449     DOI : https://doi.org/24.905
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Diktum: Jurnal Ilmu Hukum is open-accsess peer reviewed intended to be the journal publishing article the conceptual and/or the result of research law science for academicians, researchers, practitioners in law. Diktum invite manuscript in the various topic include, but not limited to, functional areas related to Law Science of topics in the fields of Civil Law, Criminal Law, International Law, Administrative Law, Islamic Law, Constitutional Law, Environmental Law, Procedural Law, Antropological Law, Socio Legal, Bussines Law, Legal Philosophy and another section related contemporary issues in Law.Diktum: Jurnal Ilmu Hukum accepted submission from all of the world. All submited article shall never been published elsewhere, original and not under consideration for other publication (for checking similarty, Diktum editorial board check using turnitin program. Since 2019 we are proud member of Crossref. Diktum doi prefix is 10.24905 . Therefore, all article published by Diktum: Jurnal Ilmu Hukum will have unique DOI number.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
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Search results for , issue "Vol. 9 No. 1 (2021): Mei 2021" : 10 Documents clear
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (672.042 KB) | DOI: 10.24905/diktum.v6i2.98

Abstract

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.
Keberadaan Qanun Nomor 3 Tahun 2013 tentang Bendera dan Lambang Aceh Ditinjau dari Pembentukan Peraturan Perundang-Undangan: - Herlin, Herlin
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 | Full PDF (541.431 KB) | DOI: 10.24905/diktum.v9i1.99

Abstract

Based on the provisions of Article 246 paragraph (2) of Law Number 11 the Year 2006 concerning Aceh Government, the design and enactment of Qanun Number 3 of 2013 on the Flag and the Symbol of Aceh, the clarification result of the Ministry of Home Affairs of the Republic of Indonesia is considered contradictory to PP 77/2007 Coat of Arms. The purpose of this research is to know and study the existence of Qanun Number 3 the Year 2013 about Flag and Symbol of Aceh, and to know the implementation of Qanun Number 3 the Year 2013 about Flag and Symbol of Aceh. This research uses normative legal research method that is to study the study of legal documents in the form of legislation, government regulation and qanun as well as to analyze law from normative juridical aspect which means to examine the laws and regulations relevant to the issues in the research.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (405.142 KB) | DOI: 10.24905/diktum.v9i1.111

Abstract

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.
Implementasi Sanksi Pidana Terhadap Pelaku Tindak Pidana Penghinaan Terhadap Jokowi Presiden Republik Indonesia Melalui Media Sosial adika, adika karim
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 | Full PDF (414.559 KB) | DOI: 10.24905/diktum.v9i1.130

Abstract

The research problem is why the perpetrator committed the criminal act of insulting Jokowi, the President of the Republic of Indonesia through social media. How to implement criminal sanctions against perpetrators of criminal acts of insulting Jokowi, the President of the Republic of Indonesia through social media. According to the results of the research on the factors causing the perpetrator to commit hate speech crimes on social media, among others, the psychological factors of the individual itself can cause crimes such as emotional power, low mental health, hurt with the victim, revenge, the public's ignorance factor is also the cause of hate speech crimes. especially the insults committed on social media. The implementation of criminal sanctions for cases in this study is that after paying attention to the criminal elements the defendant has been convicted of a criminal act of insulting the President according to the prosecutor's demands. The defendant was proven to have fulfilled the elements of Article 207 of the Criminal Code. The research method uses a normative and empirical juridical approach, the normative juridical approach is carried out by studying norms or rules, while the empirical approach is carried out by interviewing the sources. Efforts to further examine the Crime of Insulting the President, for example the Articles of President Defamation which can be aggravated. The quality of the crimes of humiliation of the President continues to increase. Therefore, it is necessary to improve facilities and infrastructure in law enforcement. This includes improving the capacity of law enforcement officers, namely: Police, prosecutors, judges and advocates, for example in mastery of information technology. To be able to anticipate or at least minimize criminal acts of insulting the President, the government, especially Judges, must firmly impose sanctions in the form of heavier penalties for each perpetrator of the president's insult so that the sanctions given can actually have a clear effect on those who have done them and can make fear for a person who has not committed a criminal act of insulting the President. The research problem is why the perpetrator committed the criminal act of insulting Jokowi, the President of the Republic of Indonesia through social media. How to implement criminal sanctions against perpetrators of criminal acts of insulting Jokowi, the President of the Republic of Indonesia through social media. According to the results of the research on the factors causing the perpetrator to commit hate speech crimes on social media, among others, the psychological factors of the individual itself can cause crimes such as emotional power, low mental health, hurt with the victim, revenge, the public's ignorance factor is also the cause of hate speech crimes. especially the insults committed on social media. The implementation of criminal sanctions for cases in this study is that after paying attention to the criminal elements the defendant has been convicted of a criminal act of insulting the President according to the prosecutor's demands. The defendant was proven to have fulfilled the elements of Article 207 of the Criminal Code. The research method uses a normative and empirical juridical approach, the normative juridical approach is carried out by studying norms or rules, while the empirical approach is carried out by interviewing the sources. Efforts to further examine the Crime of Insulting the President, for example the Articles of President Defamation which can be aggravated. The quality of the crimes of humiliation of the President continues to increase. Therefore, it is necessary to improve facilities and infrastructure in law enforcement. This includes improving the capacity of law enforcement officers, namely: Police, prosecutors, judges and advocates, for example in mastery of information technology. To be able to anticipate or at least minimize criminal acts of insulting the President, the government, especially Judges, must firmly impose sanctions in the form of heavier penalties for each perpetrator of the president's insult so that the sanctions given can actually have a clear effect on those who have done them and can make fear for a person who has not committed a criminal act of insulting the President.
Kewenangan Jaksa Dalam Menghentikan Penuntutan Demi Keadilan Dewi, Dessy Kusuma
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 | Full PDF (543.496 KB) | DOI: 10.24905/diktum.v9i1.135

Abstract

The purpose of the research is to know the authority of prosecutors in applying restorative justice and what are the limitations of criminal acts can be done restorative justice efforts. The research uses a type of literature research with a normative approach that is analyzed qualitatively. The results showed that the Public Prosecutor (JPU) has the right to stop the prosecution of defendants in certain cases, if the victim and the accused agree on peace as stipulated in The Attorney General of the Republic of Indonesia Regulation No. 15 of 2020 Restorative justice approach, victims and perpetrators of criminal acts are expected to achieve peace by putting forward a win-win solution The limitation of a criminal offense can be done termination of prosecution with a restorative justice approach provided that the perpetrator is not a recidivist, his criminal acts are threatened with a fine or threatened with a prison sentence of not more than five years, criminal acts committed with the value of evidence or loss value of not more than 2.5 million rupiahs. The peace process is conducted by the parties voluntarily, with deliberations for consensus, without pressure, coercion, and intimidation. In the peace process, the Public Prosecutor serves as a facilitator which means that it has no interest or connection with the case, victim, or suspect, either personally or professionally, directly or indirectly.
Perlindungan Hukum Perawatan Paksa Orang Dengan Gangguan Jiwa Praptono, Eddhie; Pratama, Erwin Aditya
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 | Full PDF (395.32 KB) | DOI: 10.24905/diktum.v9i1.136

Abstract

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.
Dapatkah Putusan Perkara Pidana Dijadikan Sebagai Dasar Peninjauan Ulang Putusan Mahkamah Konstitusi Hartoyo, Dwijoyo; Rizkianto, Kus; Mahardika, Dinar; Pratama, Erwin Aditya
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.v9i1.94

Abstract

The purpose of this paper is to review the decision of the Constitutional Court made due to the criminal act of bribery on constitutional judges. Based on the Constitution of the Republic of Indonesia of 1945 in article 24 C and Article 10 paragraph (1) of Law Number 24 of 2003 concerning the Constitutional Court states that the Constitutional Court has the authority to adjudicate at the first and last level whose decision is final, namely a decision that immediately obtains permanent legal force since it is pronounced and no legal remedy can be taken. However, what would be the legal consequences if the Constitutional Court's decision was made on the basis of the criminal act of bribery. This research is a conceptual study that examines the thoughts of reviewing the Constitutional Court's decision on the existence of a bribery crime. The results of this study include (1) the legal consequences if the decision of the Constitutional Court is made on the basis of the criminal act of bribery is Null and Void with all its consequences, and (2) The decision of the criminal case may be used as a basis for review of the decision of the Constitutional Court.
Perlindungan Hukum Terhadap Hak Pasien Peserta Asuransi Sosial BPJS Kesehatan Hartati, Suci; Haryadi, Toni; Hartati, Oemi; Pratama, Erwin Aditya
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.v9i1.96

Abstract

Law No. 24 of 2011 stipulates that National Social Security will be organized by BPJS, which consists of BPJS Kesehatan and BPJS Ketenagakerjaan. Then, Article 47 of BPJS Kesehatan Regulation Number 1 of 2014 concerning the Implementation of Health Insurance, BPJS Kesehatan Participants are entitled to good, safe, and quality health services. The purpose of the study was to examine the fulfillment of the rights of BPJS participants in health services at the Brebes Regency Regional Hospital. The purpose of the study was to examine the fulfillment of the rights of BPJS participants in health services at the Brebes Regency Regional Hospital. The research method uses a type of field research, the research approach uses a socio-legal approach. Research data comes from primary data, research analysis using qualitative analysis. Based on the results of the research conducted by the author, it was obtained that the legal protection of patients participating in BPJS Kesehatan as service consumers at the Brebes Regency Hospital is good, this can be proven by: : (1) The fullness of the information needed by patients regarding their illness when given health services, (2) The implementation of security, safety and comfort guarantees when provided health services, and (3) Patients are treated equally and when given health services by doctors / health workers.
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

Abstract

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

Abstract

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.

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