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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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Sebuah Perbandingan Perlindungan Hukum Terhadap Korban Tindak Pidana Terorisme di Indonesia dan India Ramadianto, Anang Riyan
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.v10i1.193

Abstract

Terrorism is a crime that is a major threat to the maintenance of every country that poses a danger to security, world peace, and harms the welfare of society. This is inseparable from the suffering of victims of crimes who need legal protection from the state. The purpose of this study is to compare forms of legal protection in the normative and empirical settings given to victims of criminal acts in Indonesia and India. This study uses a qualitative research method with an empirical juridical approach and descriptive analytical research specifications. The research was conducted at the National Counter-Terrorism Agency, Jakarta and the India Center for Victimology and Psychological Studies, New Delhi. The data used include primary data and secondary data. Methods of collecting data through interviews and literature study. The data obtained is processed by data reduction, data display, data categorization. Presentation of data in the form of narrative text descriptions, with qualitative analysis methods. The results of the study indicate that the legal protection of victims of criminal acts in both countries has its advantages and disadvantages, as for legal protection that requires further attention regarding medical assistance, another matter is that the rights of victims of past crimes are limited to 22 June 2021. whereas in India it will not harm the victim. Meanwhile, there are factors that hinder the legal protection of victims of criminal acts in Indonesia and India, seen from (1) the legal substance, namely the Government Regulation of Law no. 5 of 2018 does not yet exist while in India there is no specific regulation regarding psychological and psychosocial rehabilitation, (2) the law is the lack of human resources (HR) in the National Counter-Terrorism Agency (BNPT) while in India there is a shortage of human resources at the National Investigation Agency (NIA) , and (3) legal culture, namely the existence of differences between related differences in India, the lack of legal knowledge of the people regarding their rights. Terrorism is a crime that is a major threat to the maintenance of every country that poses a danger to security, world peace, and harms the welfare of society. This is inseparable from the suffering of victims of crimes who need legal protection from the state. The purpose of this study is to compare forms of legal protection in the normative and empirical settings given to victims of criminal acts in Indonesia and India. This study uses a qualitative research method with an empirical juridical approach and descriptive analytical research specifications. The research was conducted at the National Counter-Terrorism Agency, Jakarta and the India Center for Victimology and Psychological Studies, New Delhi. The data used include primary data and secondary data. Methods of collecting data through interviews and literature study. The data obtained is processed by data reduction, data display, data categorization. Presentation of data in the form of narrative text descriptions, with qualitative analysis methods. The results of the study indicate that the legal protection of victims of criminal acts in both countries has its advantages and disadvantages, as for legal protection that requires further attention regarding medical assistance, another matter is that the rights of victims of past crimes are limited to 22 June 2021. whereas in India it will not harm the victim. Meanwhile, there are factors that hinder the legal protection of victims of criminal acts in Indonesia and India, seen from (1) the legal substance, namely the Government Regulation of Law no. 5 of 2018 does not yet exist while in India there is no specific regulation regarding psychological and psychosocial rehabilitation, (2) the law is the lack of human resources (HR) in the National Counter-Terrorism Agency (BNPT) while in India there is a shortage of human resources at the National Investigation Agency (NIA) , and (3) legal culture, namely the existence of differences between related differences in India, the lack of legal knowledge of the people regarding their rights.
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.
Analisis Viktimologi Terhadap Tindak Pidana Pencurian Kendaraan Di Tanjungpinang Kepulauan Riau Sianturi, Michael
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.v10i1.202

Abstract

This paper will discuss the victimization analysis of the role of the victim in the occurrence of the crime of theft of two-wheeled vehicles with a case study of decision number: 29/Pid.B/2022/PN Tpg located in Tanjungpinang City. The background of this research is the crime of theft of property in this case two-wheeled vehicles with the aim of this research is to analyze how the role of the victim so that a crime occurs. The method used is descriptive analysis with secondary data sources. Theft is an act done intentionally to take other people's property against the law. This crime is classified as a crime against property that gives results and is classified as having a decent economic value for the perpetrators. This study will discuss victimization starting from the definition, scope, involvement, and perspective of the victim's responsibility. The conclusion is that crime does not necessarily arise from the perpetrator but the victim also provides an opportunity by leaving the motorbike key depending on the motorbike in a quiet and unsupervised yard.
Analisis Pembaharuan Hukum Pidana Dan Hukum Acara Pidana Dalam Undang-Undang Tindak Pidana Kekerasan Seksual -, Moh. Al-vian Zul Khaizar
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.v10i1.204

Abstract

The Act on the Crime of Sexual Violence is a legal umbrella to protect victims of criminal acts of sexual violence. This law has been eagerly awaited by all levels of society given the large number of cases of sexual violence. The Act on the Crime of Sexual Violence is a positive step for the government in dealing with the increasing number of cases of sexual violence in Indonesia. In this study, we will discuss the renewal of criminal law and criminal procedural law in the Criminal Act of Sexual Violence. The type of research used in this research is normative legal research. Normative legal research is research that puts law as a system of norms. The system of norms here is about principles, norms, rules of statutory regulations, court decisions, agreements, and doctrines. In the Act on the Crime of Sexual Violence, there are reforms in aspects of criminal law and criminal procedural law. These reforms aim to complement the Criminal Code and the Criminal Procedure Code. These reforms can also be said to be a deviant aspect of the Criminal Code and the Criminal Procedure Code. However, this is solely to protect the public from criminal acts of sexual violence. In addition, it also aims to enforce a more comprehensive and just law with a more perspective on victims.
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

Abstract

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.
Problematika Frasa Tanpa Persetujuan Korban Dalam Peraturan Menteri Pendidikan Kebudayaan Riset Dan Teknologi Nomor 30 Tahun 2021 Tentang Pencegahan Dan Penanggulangan Kekerasan Seksual Di Perguruan Tinggi Nur Anisah, Laili
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.v10i2.209

Abstract

The Ministry of Education and Culture in an effort to prevent and overcome sexual violence The Ministry of Education and Culture issued Regulation No. 30 of 2021 concerning the Prevention and Control of Sexual Violence in Higher Education. The Permendikbudristek is intended as a legal basis for the processing of cases of sexual violence that occur in the Higher Education environment. However, there were several problematic substances after the Permendikbudristek was ratified, one of which was the phrase "Without Victim's Consent" which triggered the assumption that the Permendikbudristek encouraged the occurrence of free sex in universities. This study will examine the legal politics of this phrase and its implications for handling cases of sexual violence from a victim perspective. This research is a normative legal research. The results of this study, namely, the phrase "Without the Victim's Consent" cannot be interpreted as an argumentum a contrario to encourage free sex in universities. . This phrase must be proven not only to protect the victim, but also to protect the perpetrator, although it is rare. The conclusion of this study is that the phrase "Without the Victim's Consent" cannot be interpreted grammatically as opposed to the text in question, giving rise to an interpretation that not only harms the victim, but also contains accusations against higher education institutions. The phrase “Without the Victim's Consent” is needed to guarantee the rights of the victim as well as to provide legal certainty for alleged perpetrators of sexual violence in universities.
Karakteristik Penipuan Sebagai Kejahatan Siber Tertinggi Di Indonesia Hartanto, Hartanto
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.v10i2.210

Abstract

The development of science and technology will make it easier for people to carry out various activities, and on the other hand this is also used by criminals. Fraud is a crime that has existed since time immemorial (conventional) which is regulated in the Criminal Code, but along with the times, fraudsters also facilitate and improve actions using electronic technology (online) which has been regulated in Law Number 19 of 2016 concerning Information and Transactions. Research describes that crimes that are actually conventional, but when using electronic devices will turn into complex crimes, specifically their spreadability and speed, this is then regulated in a special criminal realm, namely the law on ITE. The method used is normative juridical and the results of the study show that the development of crime is inseparable from the behavior factors of the victim and the environment, then requires adequate countermeasures from law enforcement, namely the Police as a state tool to protect citizens. Examples of fraud cases were added to complement this study.
Formulasi Kebijakan Kriminal Dalam Menjerat Pelaku Pengguna Jasa Prostitusi Online Ari Sudewo, Fajar
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.v10i2.117

Abstract

The phenomenon of online prostitution has become news viaral lately as the arrest of both artists, and ordinary people, but the law has not regulated how to ensnare users of online prostitution, for that it takes a criminal policy oriented in ensnaring all individuals involved in online prostitution. The problem in writing this Journal is (a) Ideal law enforcement as a criminal policy step in ensnaring online prostitution service users in Bandar Lampung City, (b) efforts to sanction criminals to perpetrators of online prostitution service users in criminal law policy? The research uses an empirical juridically and juridically normative approach. The results of the study showed that. Ideal law enforcement in the efforts of criminal policy in ensnaring the perpetrators of online prostitution service users in Bandar Lampung City Although there are no special provisions governing the users of PSK services in the Criminal Code, law enforcement applies the article of adultery if the psk customer already has an official partner (on the basis of marriage), and then the spouse complains about the actions of his partner who uses psk services, then the person using the services of the PSK can be ensnared with the article of Adultery stipulated in Article 284 of the Criminal Code and also Article 60 of the Regulation Bandar Lampung City Area Number: 01 of 2018 concerning Public Peace and Public Order which is a criminal threat of imprisonment of a maximum of 3 (three) months or a maximum fine of Rp 50,000,000.00 (fifty million rupiah) and efforts to sanction criminal sanctions to perpetrators of online prostitution services here researchers see that the Indonesian Government's own policy does not expressly prohibit the practice of prostitution, Because the arrangement regarding the criminal act of online prostitution does not regulate the provisions regarding criminal sanctions for users of commercial sex services, so users of online prostitution services cannot be criminally accounted for, and those who use the services of commercial sex workers can freely without fear of criminal legal sanctions. Law enforcement is weak
Strategi Perlindungan Hukum Bagi Nelayan Dalam Menjamin Keberlanjutan Usaha Perikanan Tangkap Yasser Arafat; Amin, Fakhry
Diktum: Jurnal Ilmu Hukum Vol. 11 No. 1 (2023): Mei 2023
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/diktum.v11i1.246

Abstract

Indonesia's abundant potential wealth of fishery resources should be a paradise for fishermen. However, it turns out that the condition that occurs is that many fishermen are actually below the poverty line. In Tarakan, a number of fishermen switched professions to become seaweed cultivators because they thought they could earn higher incomes. This shows that there is a problem with the sustainability of the capture fisheries business. Therefore the government needs to provide protection for fishermen to ensure the sustainability of the capture fisheries business. The purpose of this research is to examine the fishermen's protection strategy that needs to be carried out on the problems faced by fishermen based on the applicable laws and regulations. The research method uses normative legal research by examining the sources of primary and secondary legal materials with analytical techniques using the syllogism method and interpretation methods using deductive thinking patterns. The results of this study indicate that the Central and Regional Governments need to develop a strategic plan for the protection of fishermen which includes the provision of infrastructure and facilities for fishing business, business certainty guarantees, fishing risk guarantees, elimination of high economic cost practices, control of imports of fishery commodities, guarantees of security and safety, and facilitation and legal assistance. At the regional level, strategic plans for protecting fishermen need to be contained in regional regulations.
Bonus Demografi Dan Tantangan Perlindungan Hukum Bagi Tenaga Kerja di Indonesia nuridin, nuridin
Diktum: Jurnal Ilmu Hukum Vol. 11 No. 1 (2023): Mei 2023
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/diktum.v11i1.251

Abstract

The demographic benefit is that if the labor market can accommodate a large number of workers, productivity will be maximized. The state of the labor market and the caliber of the workforce in Indonesia need such attention. Due to the accessibility of these employment, some of the issues causing labor absorption are still not ideal. According to the World Bank and IFC, there are a number of key factors that prevent Indonesia from absorbing labor, including a skilled labor shortage, poor infrastructure, muddled policy frameworks, low employment, and an incompatibility between education and business. This UUCK is a part of formulating policies for the labor market in capitalizing on demographic bonus opportunities under the regulation of positive law in Indonesia, including the Labor Law, the Trade Union/Labor Union Law, the Industrial Relations Dispute Settlement Law, and Law Number 6 of 2023 concerning Job Creation. Demographic bonus regulation is important to ensure that demographic bonuses can provide maximum benefits for economic growth and public welfare. This regulation must include labor protection, gender equality, and social protection for workers, as well as be fair and clear in terms of wages, working hours, and other workers' rights. These regulations must be strictly enforced and closely monitored to ensure that workers receive proper protection and are not exploited.

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