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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 61 Documents
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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.
Legal Protection For Indonesian Fishery Products In Facing Environmental Protection In International Trade Widyastuti, Tiyas Vika
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.v10i2.97

Abstract

International trade principally aims to exploit the market, thus traditionally speaking, have a little concern about protecting the environment. Only after entering this new era of international trade, the Indonesian government then finds the challenge in controlling the trade’s speed and market since the everything is regulated under a specific international trade regulation that is not entirely concern with protecting national interests. Many Indonesian popular products could not compete internationally, since they tend to fail in fulfilling the international standards of exported goods. This will inevitably hinder the national economy, more specifically in gaining foreign investments. One example of the challenges posed by regulation that interfere with the economic growth in the context of international trade is the way environment regulation dampens the effort to export the Indonesian fishery products. The primary problem is that even though Indonesian domestic regulation has put some sort of legal protection for Indonesian fishery products, they still fail to fulfil the environmental standard set by some export-destination countries, such as the USA and the European. Against this backdrop, this research aims to analyze the application of domestic regulation on fishery in Indonesia. We are using the socio-legal approach to understand the way the domestic regulation has failed to fulfill its legal aim, which is to implement the act of law related to fishery, environment, and quality standards to fit the market’s demand, as well as to improve the environment surrounding the fishery industry according to the Code of Conduct for Responsible Fisheries. Based on primary and secondary data from observations and interviews, we contend that there are at least three issues surrounding the failure: 1. The problem regarding the substance of the regulation itself, 2. The disorganized authority within the institutional structure, and 3. The legal culture surrounding the people involved as resulted from their beliefs and personal economic consideration
Ekspektasi Peningkatan Iklim Investasi Melalui Pembentukan Lembaga Pengelola Investasi Rahayu, Kanti; Praptono, Eddhie; Rizkianto, Kus
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.v10i2.104

Abstract

The high need for financing in the future has caused Indonesia's Foreign Direct Investment (FDI) level to stagnate, the ratio to GDP must remain under control, due to the increasingly limited financing capacity of SOEs. The gap between domestic funding capabilities and national infrastructure financing needs encourages governments to seek strong legal and institutional strategic partners through the establishment of Investment Management Institutions (LPI). This study aims to : 1) Describe the conditions of Indonesia's investment climate before the establishment of the Investment Management Institution (LPI); 2) Assessing expectations regarding the increase in Indonesia's investment ilkim after the establishment of the Investment Management Institution (LPI). This study uses a library research method with a normative research approach with qualitative analysis, which describes various arrangements regarding the investment climate in Indonesia before and after the existence of LPI. The finding is that the condition of Indonesia's investment climate before the establishment of the LPI was strongly influenced by the COVID-19 virus pandemic which caused our JCI to decline to below the 4000 level. The establishment of the Indonesia Investment Management Authority (LPI) or Indonesia Investment Authority (INA) is a new hope for efforts to increase investment in Indonesia. After the LPI was formed, it was followed by the formation of the Sovereign Wealth Fund (SWF). Where this SWF has also been owned by developed countries, such as the United Arab Emirates, China, Norway, Saudi Arabia, Singapore, Kuwait, and Qatar. It has been able to improve Indonesia's investment performance. It was noted that despite the Covid-19 pandemic, investment realization throughout 2020 reached IDR 826.3 trillion. This achievement is 1.1% higher than the investment target set at IDR 817.2 trillion.
Cyber Notary Kepastian Hukum Penyimpanan Dokumen Notaris Selviany; Rizkianto, Kus; Rahayu, Kanti; Mukhidin, Mukhidin
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.v10i2.105

Abstract

Over time the conventional system will shift and be replaced with an electronic system, and the Notary Institution will slowly have to begin to adjust, especially in the UUJN-P the changes regarding cyber notary are only stated in the explanation of Article 15 Paragraph (3) and only to the extent that the authority to certify transactions electronically has not yet reached the concept of notary protocol storage thinking which is very possible to be carried out electronically with the aim of security and the effectiveness of notary protocol storage. This study aims to: 1) Describe the legal arrangements regarding Cyber Notary; 2) legal certainty of the retention of notarial documents with cyber notary. This study uses a library research method with a normative research approach with qualitative analysis, which describes various arrangements regarding Cyber Notary and legal certainty of notarial document storage. The finding is that the new UUJN-P regulates transactions carried out electronically, but there is no provision on the storage of original minuta deeds and warkah electronically. However, cyber notary The ITE Law in general has regulated the electronic storage of archives or documents although there are no specific rules that list or mention notarial documents or archives. Article 1 number 4 of the ITE Law Amendment states that: "an electronic document is any electronic information created, forwarded, transmitted, received, or stored in analog, digital, electromagnetic, optical, or similar form, which can be seen, displayed, and/or heard through a Computer or Electronic System, including but not limited to writings, sounds, images, maps, designs, photographs or their descriptions, letters, signs, numbers, Access Codes, symbols or perforations that have meaning or meaning or can be understood by a person capable of understanding them. So that various types of electronic documents become an option for more secure document storage for an unlimited time as a concrete form of digitization that can be a reference for electronic storage of notary protocols. Whatever form of storage media must be ensured is data security and legal certainty.
Fenomenologi Pemilihan Kepala Desa Menggunakan Elektronik Voting 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.v10i1.114

Abstract

The purpose of this paper is a legal study related to the phenoenology of holding village head elections using electronic voting in Boyolali Regency. The method used in this study is a socio-legal research approach sourced from collecting data obtained from primary data and secondary data, then analyzed by qualitative analysis methods. The results of the study provide answers to the legal study of the implementation of the village head election using electronic voting in Boyolali Regency are: MK Decision No. 147 / PUU-VII / 2009, Article 32 permendagri No. 112 Th. 2014 concerning village head elections, Article 20 boyolali district bylaws no. 11 th. 20016 concerning procedures for elections, appointment and dismissal of village heads, Boyolali Perbup No. 55 Th. 2012 concerning procedures for the implementation of village head elections. The use of e-voting in village head elections in Boyolali District will not work well if the stages do not go well. The socialization that is the basis of the socio-legal implications related to the use of new methods in this election has also been intensified. Based on the above, the key to the success and effectiveness of a Village Head election is the electoral process.
Problematika Advokasi Kebijakan Publik Oleh Kelompok Masyarakat Sipil Di Kota Pontianak : (Studi Advokasi Kebijakan Publik Tentang Toleransi Di Kota Pontianak) Dawi, Klara; Wagner, Ivan; Yuliastiani, Anita; Loin, Raymundus; Pratama, Erwin Aditya
Diktum: Jurnal Ilmu Hukum Vol. 9 No. 2 (2021): November 2021
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/diktum.v9i2.115

Abstract

One of the civil society groups currently advocating for public policy in Pontianak City is the Pontianak Bhinneka Network (PBN). As for public policy advocacy by the Pontianak Bhinneka Network regarding tolerance, it is interesting to examine the problems. The limitation scope of the problem is about problems of public policy advocacy by civil society groups. The PBN has made a fairly systematic and structured effort in advocating and encouraging policies on tolerance in Pontianak City. However, there are still problems faced by PBN in conducting policy advocacy covering internal and external aspects. From the internal aspect, it focuses on organizational capacity and relates to autonomy, especially related to funding and sustainability. Problems from the external aspect regarding relations with state actors and other actors, and managing public issues related to policy issues that are being pushed. The two external problems are interrelated, and related to sub-systems, namely legal substance, legal structure, and legal culture.
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.
Kerangka Konseptual Kebijakan Daerah Bidang Ketenagakerjaan Pasca Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja (Studi Kajian di Kota Tegal) asmarudin, imam
Diktum: Jurnal Ilmu Hukum Vol. 9 No. 2 (2021): November 2021
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/diktum.v9i2.142

Abstract

terbitnya undang-undang nomor 11 tahun 2020 tentang Cipta Kerja bertujuan untuk menciptakan dan meningkatkan lapangan kerja dengan memberikan kemudahan, pelindungan, dan pemberdayaan terhadap koperasi dan UMKM serta industri dan perdagangan nasional sebagai upaya untuk dapat menyerap tenaga kerja Indonesia yang seluas-luasnya dengan tetap memperhatikan keseimbangan dan kemajuan antardaerah dalam kesatuan ekonomi nasional, menjamin setiap warga negara memperoleh pekerjaan, serta mendapat imbalan dan perlakuan yang adil dan layak dalam hubungan kerja. Pasca lahirnya Undang-undang tersebut berdampak pada sistem ketenagakerjaan didaerah, khsusunya di kota Tegal, sehingga penyesuaian Kebijakan daerah bidang ketenagakerjaan pasca Undang-undang Nomor 11 tahun 2020 tentang Cipta kerja perlu dilakukan untuk menjaga dan mengimplementasikan serta bentuk perlindungan Pemerintah Daerah bagi masyarakat. Dengan adanya kerangka konseptual kebijakan dalam bentuk produk hukum daerah diharapkan memberikan pemahaman tentang hak dan tanggung jawab kewajiban serta kewenangan para pihak Penyelenggaraan Ketenagakerjaan, sehingga ada kejelasan batasan dan hubungan masing-masing pihak baik dari pengusaha maupun tenaga kerja.
Upaya Perlindungan Hukum Untuk Mengembangkan UMKM Berdasarkan Undang Undang Cipta Kerja Fernanda Oktavia Larasati; Salma Nur Khalisa; Diah Pudjiastuti
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.v10i1.162

Abstract

MSMEs as the most grounded business area contrasted with different areas are additionally the greatest supporters of Indonesia's monetary development. With the different commitments made by MSMEs to the public economy, the public authority ought to give legitimate security that can serve, work with and give lawful certifications to MSMEs. Aside from that, lawful assurance is additionally one of the means that can be taken to encourage Indonesian MSMEs to turn out to be more evolved. The exploration strategy utilized is a standardizing legitimate examination technique (doctrinal) with a legal methodology. This study involves auxiliary information as essential and optional lawful materials as legal guidelines and regulation books and lawful diaries. The fast development of business will keep on being in accordance with populace development. Hence, it should be upheld by legitimate lawful capacities that can implement equity and discipline in business. The presence of regulations that manage business, or business regulation, permits business entertainers to safeguard their perspectives and exercises from hurting others, including residents who might be impacted by externalities. The legitimate assurance endeavors given by the public authority in light of Law 11/2020 are contained in a few articles and sections. Legitimate security gave to MSME entertainers is as help and help administrations or lawful insurance from nearby and focal legislatures. Aside from that, MSME entertainers likewise get comfort for the acquirement of products/administrations for business exercises, special cases for the lowest pay permitted by law for miniature and little organizations, legitimate guide offices and offices for making licenses to operate.
Perlindungan Hukum Bagi Pekerja Rumah Tangga Sebagai Korban Tindak Kekerasan Yasser Arafat
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.v10i1.182

Abstract

Unbalanced work relations between domestic workers and employers make domestic workers vulnerable to being victims of violence. The existence of Law Number 13 of 2003 concerning Manpower is expected to be the legal umbrella for the protection of workers, including domestic workers. The purpose of this study is to examine the position of domestic workers in Law Number 13 of 2003 concerning Manpower and legal protection for acts of violence committed against domestic workers. The research method uses normative legal research by examining primary and secondary legal sources and analyzing the use of the syllogism method and interpretation method using deductive thinking patterns. The results of this study indicate that the position of domestic workers in Law Number 13 of 2003 concerning Manpower is very weak because the law does not adequately provide protection to domestic workers if one day there is a dispute between domestic workers, one of which is in the form of disputes due to acts of violence. violence against domestic workers. This is because domestic workers are not included in the labor protected by the law. As for the protection of domestic workers from acts of violence has been provided by the Criminal Code and Law Number 23 of 2004 concerning the Elimination of Domestic Violence.

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