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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 78 Documents
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Implementasi Pasal 17 Perda Disabilitas Gorontalo dalam Pendidikan Inklusif di Desa Bongo M Hubaib, Siti Syukriyah; Zamroni Abdussamad; Mohamad Hidayat
Diktum: Jurnal Ilmu Hukum Vol. 14 No. 1 (2026): Mei
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/9a2yj185

Abstract

Gorontalo Provincial Regulation Number 4 of 2023 concerning the Protection and Fulfillment of the Rights of Persons with Disabilities mandates inclusive education through Article 17 as an effort to provide equal educational opportunities. This study aims to analyze the juridical position of Article 17 as a legal basis for fulfilling the educational rights of persons with disabilities in Bongo Village, Batudaa Pantai District, Gorontalo Regency, and to identify gaps between normative mandates and field implementation. Using empirical legal research with a qualitative approach, data were collected through in-depth interviews with the Village Head, the Principal of SDN 03 Batudaa Pantai, and a parent of a student with disabilities, as well as through documentation studies. The findings indicate that Article 17 holds a normatively strategic position, aligning with national regulations and international human rights standards. However, implementation in Bongo Village faces significant gaps characterized by the absence of a Disability Service Unit (DSU), the lack of a Governor’s Regulation as a technical implementing rule, and limited accessible inclusive education facilities. These conditions result in the failure of both preventive and repressive legal protection for persons with disabilities.
Sanksi Pelatihan Kerja di Bawah Minimum (Studi Putusan Nomor 45/Pid.Sus-Anak/2025/PN Sby) Damayanti, Afina; Rusdiana, Emmilia
Diktum: Jurnal Ilmu Hukum Vol. 14 No. 1 (2026): Mei
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/s8521c15

Abstract

The aim is analyzes the suitability of imposing work training for children aligns with the regulation contained in Law Number 11 of 2012 “Law on the Juvenile Criminal Justice System”. This study uses a normative method with state approach, case approach. Result is judges consider the children’s psychological condition, background, and to ensure the child can continue their education, and impose work training sanctions that are below the minimum criminal penalty. These considerations reflect the existence of judicial discretion authority in deciding the appropriate sanctions for children. The judge is guided by Sema number 1 of 2017 point 5 letter a which basically stipulates that the minimum criminal threat in Article 79 paragraph (3) doesn’t apply if the perpetrator is a child, besides that the judge also weighs the main principle which is “The best interest for the child”. Discretion in sentencing children needs to be accompanied by strong and clear legal arguments or considerations to ensure legal certainty without neglecting the goal of restorative justice.
Potensi Chilling Effect Tindak Pidana Penghinaan terhadap Kebebasan Berpendapat Ayumi, Rara Bunga; Rusdiana, Emmilia
Diktum: Jurnal Ilmu Hukum Vol. 14 No. 1 (2026): Mei
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/hjr06h60

Abstract

Freedom of expression is a fundamental right in democratic states, functioning as a means of public participation and oversight of power. However, this right may be restricted through criminal law to protect individual honor and maintain public order. Problems arise when criminal defamation norms are broadly formulated and lack clear limitations, creating legal uncertainty in their enforcement. Such conditions may generate a chilling effect, where individuals restrain expression due to fear of criminal sanctions. This study aims to analyze the concept of the chilling effect in restricting freedom of expression and evaluate criminal defamation regulations from a legal certainty perspective. Using normative legal research methods, this study finds that broadly interpreted norms may encourage self-censorship, highlighting the need for clearer, more precise, and proportionate legal formulations. The findings also imply that ambiguous insult provisions in the Indonesian Penal Code risk undermining democratic discourse and require judicial safeguards to prevent excessive restriction of public criticism. Therefore, a balanced approach between reputation protection and freedom of expression is essential.
Analisis Hukum Terhadap Motif Pengembalian Uang Negara Pasca Investigasi Korupsi Mangar, Irma; Shinta Azhra Sudrajat; Malaika Putri Wardhani
Diktum: Jurnal Ilmu Hukum Vol. 14 No. 1 (2026): Mei
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/k5mah763

Abstract

This study aims to analyze the legal arrangements regarding the return of state losses in corruption crimes in Indonesia and examine the motives for state refunds by post-investigation officials and their implications for law enforcement. The research method used is normative legal research with legislative, conceptual, and case approaches. The legal materials used include primary, secondary, and tertiary legal materials that are qualitatively analyzed. The results of the study show that normatively, legal arrangements regarding the return of state losses have been comprehensively regulated through various instruments, such as payment of compensation, asset forfeiture, and civil lawsuits. This arrangement contributes to supporting the state's financial recovery, strengthens the legal restorative function, and provides a preventive effect against corruption. However, in its implementation, there are still various obstacles, such as limitations in asset tracking and recovery, weak coordination between law enforcement agencies, and not optimal asset recovery-based approach. In addition, the motive for state refunds after a corruption investigation is not always based on legal awareness, but is often influenced by pragmatic considerations, legal pressure, and reputational interests.
Analisis Fragmentasi Hukum Dekarbonisasi Maritim Dan Implementasi Prinsip CBDR Dalam Mewujudkan Keadilan Global Rahmadani, Putri
Diktum: Jurnal Ilmu Hukum Vol. 14 No. 1 (2026): Mei
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/gw6yde72

Abstract

The decarbonization of maritime transport is a preventive measure to address the climate crisis. However, its implementation remains hindered by the fragmentation of international law and issues of injustice faced by developing countries. This study aims to analyze the regulatory coherence between the 1982 UNCLOS and the technical instruments established by the International Maritime Organization (IMO), as well as to examine the realization of justice through the principle of Common but Differentiated Responsibilities (CBDR). This research employs a normative legal method using statutory and conceptual approaches. The findings reveal legal dualism within the maritime decarbonization regime, in which maritime decarbonization targets and the Net-Zero Emission 2050 agenda remain categorized as soft law, while hard law instruments such as the Energy Efficiency Design Index (EEDI) and the Ship Energy Efficiency Management Plan (SEEMP) are limited to technical aspects and remain ineffective because they primarily apply only to newly built ships. The study identifies structural injustice resulting from the implementation of uniform treatment under the principle of No More Favourable Treatment, without considering the economic and technological disparities of developing countries. Therefore, the integration of legal norms, global financing mechanisms, and technology transfer is necessary to support a just maritime energy transition.
Legalitas Perkawinan Campuran Yang Dilangsungkan Di Luar Negeri Dan Pengakuannya Di Indonesia Ariyanti, Lukita; Dian Ratu Ayu Uswatun Khasanah
Diktum: Jurnal Ilmu Hukum Vol. 14 No. 1 (2026): Mei
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/twfzvk67

Abstract

This study analyzes the legality and recognition mechanism of mixed marriages conducted abroad under Indonesian law. Employing a normative legal method with statutory and conceptual approaches, the research reveals that recognition of such marriages depends on conformity with three elements: the law of the country where the marriage was celebrated, Indonesian national law, and the public order principle. Differences in legal systems and weak regulatory harmonization create legal conflicts and uncertainty in practice. These conditions adversely affect the legal status of the parties, including their civil rights and citizenship issues. Furthermore, existing legal administrative mechanisms for registration and recognition have not been fully effective in ensuring legal certainty. As a result, mixed-marriage couples often face obstacles in obtaining population administration documents and exercising their rights. Therefore, legal harmonization is urgently needed through regulatory reform, institutional strengthening, and a human rights–based approach to protect the fundamental rights of transnational couples.
Upaya Hukum Perlindungan Batik Tegalan Sebagai Potensi Indikasi Geografis Muhammad Bagus Setiawan; Simona Bustani
Diktum: Jurnal Ilmu Hukum Vol. 14 No. 1 (2026): Mei
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/gb0q5b25

Abstract

Indonesia has a cultural diversity that gives birth to various regional products, one of which is Tegalan Batik from Tegal Regency which has high economic value. This batik has the potential to obtain Geographical Indication protection based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. This study aims to determine whether Tegalan Batik is worthy of being registered as a Geographical Indication Intellectual Property and obtaining legal protection. This study uses a normative method with a descriptive research nature, using secondary data supported by interviews with both parties, data collection through analyzed literature studies and drawing conclusions using deductive methods. Based on the results of the study, it is known that based on Article 1 number 6 of Law Number 20 of 2016 concerning Trademarks and Geographical Indications, Tegalan Batik is worthy of obtaining Geographical Indication protection because it has sufficiently fulfilled the elements as a Geographical Indication because it has a reputation, quality, and characteristics that are influenced by geographical environmental factors, both natural and human factors. So by obtaining legal protection, it provides a sense of security needed by craftsmen and the community to enjoy their legal rights and can prevent external threats.
Korupsi Di Lingkungan Peradilan: Implikasi Terhadap Integritas Hakim Dan Marwah Penegakan Hukum Di Indonesia Yasin, Bukhari; Tri Astuti Handayani; Irma Mangar
Diktum: Jurnal Ilmu Hukum Vol. 14 No. 1 (2026): Mei
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/6697dk13

Abstract

The public is presented with various cases that show the practice of bribery, gratuities, and buying and selling cases involving judges at various levels of the judiciary. The arrest operation carried out by the Corruption Eradication Commission against a number of judges, including within the Supreme Court of the Republic of Indonesia, indicates that the problem of corruption in the judicial realm is not an incidental case, but has a structural and cultural dimension. This research uses a normative legal research method (normative juridical) with a focus on the analysis of legal norms, principles, and concepts related to corruption in the judicial environment and its implications for the integrity of judges and the credibility of law enforcement in Indonesia. Judges who are supposed to be the guardians of substantive justice and the implementer of the rule of law have the potential to turn into transactional actors when integrity is weakened. As a result, the judicial function is no longer distorted by the law on the basis of norms and conscience, but on the basis of certain economic-political interests and forces. Further implications of this condition are the erosion of the principle of equality before the law, increasing legal uncertainty, and weakening the legitimacy of judicial institutions.

Page 8 of 8 | Total Record : 78

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