Diktum: Jurnal Ilmu Hukum最新文献

{"title":"Formulasi Kebijakan Kriminal Dalam Menjerat Pelaku Pengguna Jasa Prostitusi Online","authors":"Fajar Ari Sudewo","doi":"10.24905/diktum.v10i2.117","DOIUrl":"https://doi.org/10.24905/diktum.v10i2.117","url":null,"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","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115489044","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Keterkaitan Bank Tanah Dengan Tanah Terlantar Pasca Berlakunya Undang Undang Cipta Kerja","authors":"Evy Indriasari, Erwin Aditya Pratama","doi":"10.24905/diktum.v10i2.208","DOIUrl":"https://doi.org/10.24905/diktum.v10i2.208","url":null,"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.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123547065","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Karakteristik Penipuan Sebagai Kejahatan Siber Tertinggi Di Indonesia","authors":"Hartanto Hartanto","doi":"10.24905/diktum.v10i2.210","DOIUrl":"https://doi.org/10.24905/diktum.v10i2.210","url":null,"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.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114705929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"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","authors":"Laili Nur Anisah","doi":"10.24905/diktum.v10i2.209","DOIUrl":"https://doi.org/10.24905/diktum.v10i2.209","url":null,"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.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116764735","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Protection For Indonesian Fishery Products In Facing Environmental Protection In International Trade","authors":"Tiyas Vika Widyastuti","doi":"10.24905/diktum.v10i2.97","DOIUrl":"https://doi.org/10.24905/diktum.v10i2.97","url":null,"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","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129701006","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Cyber Notary Kepastian Hukum Penyimpanan Dokumen Notaris","authors":"Kus Rizkianto, Kanti Rahayu, M. Mukhidin","doi":"10.24905/diktum.v10i2.105","DOIUrl":"https://doi.org/10.24905/diktum.v10i2.105","url":null,"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.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"224 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124458947","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Ekspektasi Peningkatan Iklim Investasi Melalui Pembentukan Lembaga Pengelola Investasi","authors":"Kanti Rahayu, Eddhie Praptono, Kus Rizkianto","doi":"10.24905/diktum.v10i2.104","DOIUrl":"https://doi.org/10.24905/diktum.v10i2.104","url":null,"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.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"557 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132324494","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Kerjasama Internasional Dalam Penegakan Hukum Pidana Internasional","authors":"Kus Rizkianto","doi":"10.24905/diktum.v9i2.93","DOIUrl":"https://doi.org/10.24905/diktum.v9i2.93","url":null,"abstract":"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.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115781592","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Problematika Advokasi Kebijakan Publik Oleh Kelompok Masyarakat Sipil Di Kota Pontianak","authors":"Klara Dawi, Ivan Wagner Bakara, Anita Yuliastiani, Raymundus Loin, Erwin Adiyta Pratama","doi":"10.24905/diktum.v9i2.115","DOIUrl":"https://doi.org/10.24905/diktum.v9i2.115","url":null,"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.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130732949","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Upaya Perlindungan Hukum Untuk Mengembangkan UMKM Berdasarkan Undang Undang Cipta Kerja","authors":"Fernanda Oktavia Larasati, Salma Nur Khalisa, Diah Pudjiastuti","doi":"10.24905/diktum.v10i1.162","DOIUrl":"https://doi.org/10.24905/diktum.v10i1.162","url":null,"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.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129847663","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}