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INDONESIA
Diktum
ISSN : 23385413     EISSN : 26553449     DOI : https://doi.org/24.905
Core Subject : Social,
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 82 Documents
Paradoks Omnibus Law Kesehatan: Hegemoni Negara dan Erosi Otonomi Profesi Medis di Indonesia Hertanto, Yudhi; Ady Purwoto
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/yjxqks66

Abstract

The enactment of Law Number 17 of 2023 concerning Health through the omnibus law method marks a fundamental transformation in Indonesia's health legal system. This research aims to analyze the legal politics of the formation of the Health Law, focusing on the dialectic between fulfilling public interests and protecting medical professionalism. This research constitutes normative legal research (yuridis normatif) employing three approaches: the statute approach, conceptual approach, and philosophical approach. The data sources are secondary, encompassing academic manuscripts, parliamentary minutes, Constitutional Court Decision Number 182/PUU-XXII/2024, relevant legislation, and scholarly literature. Data collection techniques were conducted through library research with systematic tracing of legal documents and academic literature. Data analysis was performed descriptively-analytically using deductive methods to draw systematic and comprehensive conclusions. The findings demonstrate that philosophically, the Health Law represents a manifestation of state responsibility within the welfare state framework, shifting the health paradigm from a cost burden to social investment. Sociologically, this legislation responds to the crisis in medical personnel distribution and digital disruption, although facing resistance from professional organizations due to the erosion of professional autonomy. Juridically, the omnibus law method aims to simplify hyper-regulation; however, Constitutional Court Decision Number 182/PUU-XXII/2024 affirms the necessity of institutional independence for the council and collegium to preserve professional dignity. This research concludes that harmonization between state control and professional independence constitutes the key to the effectiveness of the national health system. This research recommends strengthening the operational and financial independence of the Health Council and Collegium, transparent implementation of the Health Sector Master Plan, and optimization of restorative justice mechanisms in medical dispute resolution.
Rekonstruksi Tanggung Jawab Hukum Platform Digital Dalam Transaksi Agribisnis Berbasis Keadilan Substantif di Indonesia Gayatri, Annisa; Fahamsyah, Ermanto; Adiwibowo, Yusuf
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/g8xjk368

Abstract

The rapid development of digital platforms in the agribusiness sector has transformed transactional relationships among farmers, digital platforms, and consumers. However, this development has not been accompanied by adequate legal regulations ensuring legal certainty and protection for farmers as the weaker party. This study aims to analyze the legal framework governing the liability of digital platforms in agribusiness transactions in Indonesia and to formulate a reconstruction of such liability based on substantive justice. This study employs a normative juridical method using statutory, conceptual, and case approaches. The findings reveal that Article 19 of Law Number 8 of 1999 concerning Consumer Protection and Article 15 of Law Number 11 of 2008, as lastly amended by Law Number 1 of 2024 concerning Electronic Information and Transactions, do not explicitly regulate the legal status and liability of digital platforms in agribusiness transactions. This regulatory gap creates legal uncertainty, particularly when digital platforms rely on standard contract clauses to limit their liability, as reflected in the TaniHub Group case. This study concludes that the legal liability of digital platforms should be reconstructed by recognizing platforms as active legal subjects directly responsible under the principle of substantive justice to ensure stronger legal protection for farmers.