Diktum
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.
Articles
61 Documents
<![CDATA[Kewenangan Jaksa Dalam Menghentikan Penuntutan Demi Keadilan ]]>
<![CDATA[Dessy Kusuma Dewi]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol 9 No 1 (2021): Mei 2021 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (543.496 KB)
|
DOI: 10.24905/diktum.v9i1.135
<![CDATA[The purpose of the research is to know the authority of prosecutors in applying restorative justice and what are the limitations of criminal acts can be done restorative justice efforts. The research uses a type of literature research with a normative approach that is analyzed qualitatively. The results showed that the Public Prosecutor (JPU) has the right to stop the prosecution of defendants in certain cases, if the victim and the accused agree on peace as stipulated in The Attorney General of the Republic of Indonesia Regulation No. 15 of 2020 Restorative justice approach, victims and perpetrators of criminal acts are expected to achieve peace by putting forward a win-win solution The limitation of a criminal offense can be done termination of prosecution with a restorative justice approach provided that the perpetrator is not a recidivist, his criminal acts are threatened with a fine or threatened with a prison sentence of not more than five years, criminal acts committed with the value of evidence or loss value of not more than 2.5 million rupiahs. The peace process is conducted by the parties voluntarily, with deliberations for consensus, without pressure, coercion, and intimidation. In the peace process, the Public Prosecutor serves as a facilitator which means that it has no interest or connection with the case, victim, or suspect, either personally or professionally, directly or indirectly.]]>
<![CDATA[Perlindungan Hukum Perawatan Paksa Orang Dengan Gangguan Jiwa ]]>
<![CDATA[Eddhie Praptono]]>;
<![CDATA[Erwin Aditya Pratama]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol 9 No 1 (2021): Mei 2021 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (395.32 KB)
|
DOI: 10.24905/diktum.v9i1.136
<![CDATA[Most treatments of people with mental disorders (ODGJ) are forced or involuntary care. Human rights ensure that persons with disabilities are entitled to enjoy independence based on equality with others. Deprivation of liberty is allowed only if it is lawful and is done without arbitrary. The criminal law has set a ban on the deprivation of independence if it meets all its elements. The study examined whether the forced treatment of people with mental disorders in Indonesia when analyzed, associated with deprivation of independence, is a violation of criminal law and human rights, and how harmonization with forced care regulations. The results of this study show that the deprivation of independence in forced care in health institutions does not meet the elements of unlawful acts because there are clear rules, while in non-health institutions there are no clear rules and there may be acts of deprivation of independence that need further research. Forced Care needs to be harmonized with the current Law, namely: Law No. 32 of 2009 concerning Health; Law No. 18 of 2014 on Mental Health; and Law No. 8 of 2016 concerning Persons with Disabilities.]]>
<![CDATA[Peran Hukum Dalam Percepatan Pembangunan Ekonomi ]]>
<![CDATA[sanusi sanusi]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol 9 No 2 (2021): November 2021 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (389.672 KB)
|
DOI: 10.24905/diktum.v9i2.137
<![CDATA[The purpose of this study is to examine the relationship between law and economics, not a one-way relationship but a reciprocal and mutually influencing relationship. In fact, it is often said that the legal relationship with the economy is like two sides of a coin that cannot enter and complement each other. The role of law in economic development can be briefly interpreted as an effort to increase per capita income continuously and gradually. The research method uses the type of library research, normative juridical research approach, data sources from secondary data and qualitative data analysis. The results show that the economic order must be instrumental in overcoming the problems that exist in every economic society, namely economic functions, economic activities and economic order that lead to a policy. Economic law is needed as a driver to balance the increase in economic activity so that its implementation does not violate the interests of the general public. The role of law in development has a more comprehensive and basic meaning than the term legal development or legal reform. Legal development refers more to efficiency, in the sense of increasing legal efficiency. "Legal reform" contains the meaning of compiling a legal system to adapt to changes in society]]>
<![CDATA[Rekonstruksi Perlindungan Hukum Hak Penguasaan Tanah Dan Bangunan Di Kawasan Sempadan Sungai ]]>
<![CDATA[Setyo Utomo]]>;
<![CDATA[Ivan Wagner]]>;
<![CDATA[Erwin Aditya Pratama]]>;
<![CDATA[Siswanto]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol 10 No 1 (2022): Mei 2022 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (372.17 KB)
|
DOI: 10.24905/diktum.v10i1.192
<![CDATA[The need for land for every human being is one of the basic rights that should be fulfilled by the State. But in the empirical fact that happens there is a small part of the community who owns most of the existing land, on the contrary most of the members of the community who only owns land on a small scale and even do not own the land. Government as the embodiment of the State should try how to make justice in land ownership for all citizens can be realized. The objective to be achieved in writing this scientific paper is that the human rights of every citizen to the needs of the land can be fulfilled. The writing method used in this scientific paper is descriptive method of analysis. The conclusion of the writing of this scientific paper is the redistribution of land as part of land reform is one effort that can be done by the Government in the fulfillment of the human rights of every citizen in the fulfillment of land ownership. The government should not hesitate to redistribute the land for the needy to get the land considering some of the existing legal umbrella allows for it]]>
<![CDATA[Kajian Hukum Terhadap Faktor Penyebab dan Penyelesaian Hukum Anak Sebagai Pelaku Pemerkosaan ]]>
<![CDATA[Praditya Arcy Pratama]]>;
<![CDATA[Muhamad Luthfi Alfauzi]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol 10 No 1 (2022): Mei 2022 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24905/diktum.v10i1.116
<![CDATA[Child crime is an unlawful act committed by a child, in which case the punishment sanction is different from that of an adult offender. This study aims to determine the factors that influence children to commit rape, as well as analyze the judge's considerations in deciding and prosecuting children as perpetrators of criminal acts through studies in the judge's decision regarding children facing the law Number X / Pid.Sus-Anak / 2021 / PN Bgl. in the future. The approach method used is normative juridical because in the specificification of the research used is descriptive anasisis that describes the applicable laws and regulations. The data source that the secondary data uses. The analytical method used by qualitative research focuses on the process and meaning of the results. The main factor in a child committing such a criminal act of rape is the lack of attention and insight from parents and the environment. This is also due to internal and external factors. Nevertheless, the judge in giving the verdict is appropriate and with all considerations that exist for the survival of the child in the future.]]>
<![CDATA[Penguatan Peran Kepolisian Dalam Upaya Pencegahan Kekerasan Seksual Terhadap Anak Dan Perempuan ]]>
<![CDATA[Hamidah Abdurrachman]]>;
<![CDATA[Fajar Ari Sudewo]]>;
<![CDATA[Fajar Dian Aryani]]>;
<![CDATA[Erwin Aditya Pratama]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol 10 No 1 (2022): Mei 2022 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24905/diktum.v10i1.141
<![CDATA[The role of the Police in handling cases of sexual violence against children and women through the PPA Unit is quite strategic in providing services and legal protection for women and children. The Minister of Women's Empowerment and Child Protection did not deny that the Indonesian National Police is the frontline in efforts to break the chain of violence against women and children. This research uses conceptual research methods. The results showed that there is a need for a comprehensive handling mechanism from the root of the problem until the victim gets justice and the perpetrator becomes a deterrent. efficiency and effectiveness of service. In handling women and children victims of violence, a quick and appropriate response is needed for victim services. Services for victims of violence should be prioritized and should not drag on in terms of administration and procedures. Second, the provision of services with a victim perspective. If so far the PPA Unit can be said to be moving in the phase after the occurrence of violence against children and women, in the sense of carrying out the law enforcement process while protecting victims, this activity seeks to provide strengthening and assistance downstream, namely when crime occurs, by early detection of potential violence in the region and providing education to the community to jointly carry out efforts to protect children and women from all forms of violence.]]>
<![CDATA[Kajian Hukum Tentang Penerapan Fungsi Sosial Pada Hak Cipta ]]>
<![CDATA[Kanti Rahayu]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol 9 No 2 (2021): November 2021 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24905/diktum.v9i2.92
<![CDATA[The principle promoted by copyleft is to eliminate economic rights but still carry moral rights in Intellectual Property Rights (IPR). Because some people's assumptions about monopoly and capitalism that appear in IPR are due to the existence of economic rights which then seem to eliminate their social functions. Law Number 19 of 2002 concerning Copyright explicitly explains social functions, but even then it is still limited to education, research, and for law enforcement. If it doesn't fall into that category, then paying royalties is a must. Therefore, with the copyleft system, it must be utilized as much as possible, because basically this copyleft does not violate the concept of copyright. This is because in one copyrighted work that has been copied, there is already a copyright, but in the copyright, a distribution provision is added, as a legal tool that gives everyone the right to use, modify, and redistribute the copyrighted work or its derivatives.]]>
<![CDATA[Kerjasama Internasional Dalam Penegakan Hukum Pidana Internasional ]]>
<![CDATA[Kus Rizkianto]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol 9 No 2 (2021): November 2021 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24905/diktum.v9i2.93
<![CDATA[The purpose of the study is to examine the form of international cooperation in the enforcement of international criminal law. The occurrence of international cooperation is characterized by the existence of relations between subjects of international law that need each other. The development of international law and international criminal law in the 21st century has entered the century of integrated world of community in facing challenges and threats by disengaging from the reality of the interrelationship and attachment of a nation to objective conditions both culturally, ethnically, geographically and factors of the political system that develops in the country concerned so that international cooperation is indispensable in enforcing international criminal law or it can be said that it can be said that International cooperation is an important factor in the enforcement of international criminal law. Research Methods use a type of literature paradigmatic approach, secondary data sources, and data analysis using descriptive analysis. The results showed that there are forms of cooperation that can be carried out in the enforcement of international criminal law, especially human rights violations, including extradition, transfer of prisoners, mutual legal assistance, joint investigations, cooperation in conducting special investigation techniques, and transfer of criminal proceedings.]]>
<![CDATA[Dapatkah Putusan Perkara Pidana Dijadikan Sebagai Dasar Peninjauan Ulang Putusan Mahkamah Konstitusi ]]>
<![CDATA[Dwijoyo Hartoyo]]>;
<![CDATA[Kus Rizkianto]]>;
<![CDATA[Dinar Mahardika]]>;
<![CDATA[Erwin Aditya Pratama]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol 9 No 1 (2021): Mei 2021 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24905/diktum.v9i1.94
<![CDATA[The purpose of this paper is to review the decision of the Constitutional Court made due to the criminal act of bribery on constitutional judges. Based on the Constitution of the Republic of Indonesia of 1945 in article 24 C and Article 10 paragraph (1) of Law Number 24 of 2003 concerning the Constitutional Court states that the Constitutional Court has the authority to adjudicate at the first and last level whose decision is final, namely a decision that immediately obtains permanent legal force since it is pronounced and no legal remedy can be taken. However, what would be the legal consequences if the Constitutional Court's decision was made on the basis of the criminal act of bribery. This research is a conceptual study that examines the thoughts of reviewing the Constitutional Court's decision on the existence of a bribery crime. The results of this study include (1) the legal consequences if the decision of the Constitutional Court is made on the basis of the criminal act of bribery is Null and Void with all its consequences, and (2) The decision of the criminal case may be used as a basis for review of the decision of the Constitutional Court.]]>
<![CDATA[Nilai Keadilan Dalam Rekonstruksi Peralihan Hak Atas Tanah ]]>
<![CDATA[Evy Indriasari]]>;
<![CDATA[Erwin Aditya Pratama]]>
<![CDATA[ Diktum: Jurnal Ilmu Hukum Vol 10 No 1 (2022): Mei 2022 ]]>
Publisher : <![CDATA[Universitas Pancasakti Tegal ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.24905/diktum.v10i1.95
<![CDATA[The purpose of the study is to examine conceptually how the transfer of land katas rights and the reconstruction of the transfer of land ha katas are in accordance with the value of justice. The reconstruction of the transfer of land rights refers to article 3d of Government Regulation Number 41 of 1964 concerning the Implementation of Land Division and Compensation Providers which states that it is prohibited to carry out all forms of transferring new rights to agricultural land which results in the landowner concerned owning a plot of land outside the Regency where he resides. However, this provision actually hinders the current transfer of agricultural land rights. This is because one of the parties did not obtain their rights, namely not being able to bind the sale and purchase in the Sale and Purchase Deed and automatically the registration of land to obtain certificates as a proof of their land rights could not be implemented so that the provisions of Article 3d of Government Regulation Number 41 of 1964 concerning the Implementation of Land Division and Compensation Must be immediately revised because they are not in accordance with the value of justice.]]>
