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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 61 Documents

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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.

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

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.

Kebijakan Penataan dan Pengelolaan Parkir Sebagai Upaya Peningkatan Pendapatan Asli Daerah asmarudin, imam; Sugiharto, Imawan; Riyanti, Ratna; Abdurrachman, Hamidah
Diktum: Jurnal Ilmu Hukum Vol. 8 No. 2 (2020): November 2020
Publisher : Universitas Pancasakti Tegal

The purpose of this research is to explore how the potential of local native income from the sector of structuring the management of expertise in Tegal Regency. Taxes and levies are one of the sources of local income that can be returned to the community as a form of welfare, the form of return from local government are to provide good public services, orderly, safe and comfortable, one of which is in parking, management and arrangement of parking is a business that has income value. This research uses an empirical juridical approach where primary data is the main data, data obtained through observation and interview, then data processed descriptively analytically. Retribution is one of the sources of revenue Tegal regency should be selectively optimized. The arrangement of parking, management is expected to increase the income of the area as the original income of the region and vice versa for the community to feel its benefits, comfort, order, and security in parking. Based on data in 2020 Tegal district government has a total parking location point of 269 with parkers as many as 412 people, if the levy is carried out correctly and by the nominal deposited estimated Local Native Income from the parking management sector reaches Rp. 697,488,000,000. Seeing this potential requires policy breakthroughs for local governments in managing to park, one of which is by making Local Regulations on Parking Arrangement and Management

Pemasyarakatan Narapidana Narkotika dalam Mewujudkan Kesadaran Hukum Rahantoknam, Wiska Watubtaran Rengmas; Pratama, Erwin Aditya
Diktum: Jurnal Ilmu Hukum Vol. 8 No. 2 (2020): November 2020
Publisher : Universitas Pancasakti Tegal

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.

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.

Maju Mundur Transformasi Aturan Mengenai Analisis Mengenai Dampak Lingkungan Hidup di Indonesia Wagner, Ivan; Pratama, Erwin Aditya
Diktum: Jurnal Ilmu Hukum Vol. 8 No. 2 (2020): November 2020
Publisher : Universitas Pancasakti Tegal

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.

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.

Implementasi Hukum Terhadap Pembatalan Lelang Eksekusi Hak Tanggungan Rapiq, Muhammad; Hapsari, Recca Ayu
Diktum: Jurnal Ilmu Hukum Vol. 9 No. 2 (2021): November 2021
Publisher : Universitas Pancasakti Tegal

The purpose of this research is to assess how the implementation of the cancellation of the auction of the execution of dependent rights on a piece of land in Sukadamai Village of Natar District of South Lampung Regency based on Decision Number: 39/ Pdt.Bth / 2019 / PN. Kla? and what are the factors inhibiting the implementation of the cancellation of the auction of the execution of dependent rights on a piece of land in Sukadamai Village of Natar District of South Lampung Regency based on Decision Number: 39/Pdt.Bth/2019/Pn.Kla.? Research methods use normative and empirical juridical approaches. The types of data used are secondary data and primary data. Data collection through library research and field research. The data analysis used is qualitative juridical. The results of the study showed that the auction can be canceled if the auction process is not in accordance with the correct procedure, this can only be canceled by a court ruling with permanent legal force (provisional). The provisions are in accordance with the sound in Article 24 of the Regulation of the Minister of Finance Number 106 / PMK.06 / 2013. The legal consequences arising against the auction object is the return of the auction object to its original status, namely as a guarantee object held by the holder of the Dependent Rights certificate. The right of the winner of the auction to the auction item that has been won by him will be lost and the item will return to its original status to the auction seller.

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

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.

Analisis Hukum Terhadap Tindak Pidana Pencemaran Nama Baik Dan Ujaran Kebencian Melalui Media Sosial Ranti, Ranti Prasisca
Diktum: Jurnal Ilmu Hukum Vol. 9 No. 2 (2021): November 2021
Publisher : Universitas Pancasakti Tegal

The Pelakor phenomenon which is now so viral in cyberspace. This research is related to Electronic Transaction Information which in Indonesia itself has many similar cases. The emotion felt by a legal wife towards Pelakor refers to expressions of hatred for the domestic problems she is experiencing, by expressing frustration on social media such as Facebook. This study seeks to answer questions regarding the factors that cause perpetrators to commit crimes and how judges consider the perpetrators of criminal acts of defamation and hate speech by the legal wife against PELAKOR through social media Facebook. The research method uses a normative and empirical juridical approach. The results of the study show that the cause of the perpetrators of committing criminal acts of crime. Individual psychological factors and public ignorance are the causes of hate speech crimes. The judge's consideration of the perpetrators of criminal acts of defamation and hate speech carried out by the legal wife against the perpetrator through social media Facebook, all elements were legally proven and convinced the reporting witness and expert witness to provide correct information and the defendant was proven to have fulfilled the elements or Article 45 paragraph ( 1) In conjunction with Article 27 paragraph (3) of the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions.

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Erwin Aditya Pratama

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Erwin Aditya Pratama

Contact Email erwinadityapratamash@gmail.com

Phone +6282322127257

Journal Mail Official erwinadityapratamash@gmail.com

Editorial Address Jalan Halmahera KM 1 Mintaragen Tegal

Location Kota tegal, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Erwin Aditya Pratama

Contact Email
erwinadityapratamash@gmail.com

Phone
+6282322127257

Journal Mail Official
erwinadityapratamash@gmail.com

Editorial Address
Jalan Halmahera KM 1 Mintaragen Tegal

Location
Kota tegal,

Jawa tengah

INDONESIA