Diktum: Jurnal Ilmu Hukum最新文献

{"title":"Kerangka Konseptual Kebijakan Daerah Bidang Ketenagakerjaan Pasca Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja (Studi Kajian di Kota Tegal)","authors":"Imam Asmarudin","doi":"10.24905/diktum.v9i2.142","DOIUrl":"https://doi.org/10.24905/diktum.v9i2.142","url":null,"abstract":"terbitnya undang-undang nomor 11 tahun 2020 tentang Cipta Kerja bertujuan untuk menciptakan dan meningkatkan lapangan kerja dengan memberikan kemudahan, pelindungan, dan pemberdayaan terhadap koperasi dan UMKM serta industri dan perdagangan nasional sebagai upaya untuk dapat menyerap tenaga kerja Indonesia yang seluas-luasnya dengan tetap memperhatikan keseimbangan dan kemajuan antardaerah dalam kesatuan ekonomi nasional, menjamin setiap warga negara memperoleh pekerjaan, serta mendapat imbalan dan perlakuan yang adil dan layak dalam hubungan kerja. Pasca lahirnya Undang-undang tersebut berdampak pada sistem ketenagakerjaan didaerah, khsusunya di kota Tegal, sehingga penyesuaian Kebijakan daerah bidang ketenagakerjaan pasca Undang-undang Nomor 11 tahun 2020 tentang Cipta kerja perlu dilakukan untuk menjaga dan mengimplementasikan serta bentuk perlindungan Pemerintah Daerah bagi masyarakat. Dengan adanya kerangka konseptual kebijakan dalam bentuk produk hukum daerah diharapkan memberikan pemahaman tentang hak dan tanggung jawab kewajiban serta kewenangan para pihak Penyelenggaraan Ketenagakerjaan, sehingga ada kejelasan batasan dan hubungan masing-masing pihak baik dari pengusaha maupun tenaga kerja.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"23 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":"131470030","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":"Kajian Hukum Tentang Penerapan Fungsi Sosial Pada Hak Cipta","authors":"Kanti Rahayu","doi":"10.24905/diktum.v9i2.92","DOIUrl":"https://doi.org/10.24905/diktum.v9i2.92","url":null,"abstract":"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.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"13 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":"129047025","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":"Fenomenologi Pemilihan Kepala Desa Menggunakan Elektronik Voting","authors":"Erwin Adiyta Pratama","doi":"10.24905/diktum.v10i1.114","DOIUrl":"https://doi.org/10.24905/diktum.v10i1.114","url":null,"abstract":"The purpose of this paper is a legal study related to the phenoenology of holding village head elections using electronic voting in Boyolali Regency. The method used in this study is a socio-legal research approach sourced from collecting data obtained from primary data and secondary data, then analyzed by qualitative analysis methods. The results of the study provide answers to the legal study of the implementation of the village head election using electronic voting in Boyolali Regency are: MK Decision No. 147 / PUU-VII / 2009, Article 32 permendagri No. 112 Th. 2014 concerning village head elections, Article 20 boyolali district bylaws no. 11 th. 20016 concerning procedures for elections, appointment and dismissal of village heads, Boyolali Perbup No. 55 Th. 2012 concerning procedures for the implementation of village head elections. The use of e-voting in village head elections in Boyolali District will not work well if the stages do not go well. The socialization that is the basis of the socio-legal implications related to the use of new methods in this election has also been intensified. Based on the above, the key to the success and effectiveness of a Village Head election is the electoral process.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116332988","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":"Analisis Pembaharuan Hukum Pidana Dan Hukum Acara Pidana Dalam Undang-Undang Tindak Pidana Kekerasan Seksual","authors":"Moh. Al-vian Zul Khaizar -","doi":"10.24905/diktum.v10i1.204","DOIUrl":"https://doi.org/10.24905/diktum.v10i1.204","url":null,"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.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"154 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132434338","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":"Perlindungan Hukum Terhadap Hak Pasien Peserta Asuransi Sosial BPJS Kesehatan","authors":"Suci Hartati, Toni Haryadi, Oemi Hartati, Erwin Adiyta Pratama","doi":"10.24905/diktum.v9i1.96","DOIUrl":"https://doi.org/10.24905/diktum.v9i1.96","url":null,"abstract":"Law No. 24 of 2011 stipulates that National Social Security will be organized by BPJS, which consists of BPJS Kesehatan and BPJS Ketenagakerjaan. Then, Article 47 of BPJS Kesehatan Regulation Number 1 of 2014 concerning the Implementation of Health Insurance, BPJS Kesehatan Participants are entitled to good, safe, and quality health services. The purpose of the study was to examine the fulfillment of the rights of BPJS participants in health services at the Brebes Regency Regional Hospital. The purpose of the study was to examine the fulfillment of the rights of BPJS participants in health services at the Brebes Regency Regional Hospital. The research method uses a type of field research, the research approach uses a socio-legal approach. Research data comes from primary data, research analysis using qualitative analysis. Based on the results of the research conducted by the author, it was obtained that the legal protection of patients participating in BPJS Kesehatan as service consumers at the Brebes Regency Hospital is good, this can be proven by: : (1) The fullness of the information needed by patients regarding their illness when given health services, (2) The implementation of security, safety and comfort guarantees when provided health services, and (3) Patients are treated equally and when given health services by doctors / health workers.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125125075","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":"Dapatkah Putusan Perkara Pidana Dijadikan Sebagai Dasar Peninjauan Ulang Putusan Mahkamah Konstitusi","authors":"Dwi Hartoyo, Kus Rizkianto, Dinar Mahardika, Erwin Adiyta Pratama","doi":"10.24905/diktum.v9i1.94","DOIUrl":"https://doi.org/10.24905/diktum.v9i1.94","url":null,"abstract":"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.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130866142","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":"Analisis Viktimologi Terhadap Tindak Pidana Pencurian Kendaraan Di Tanjungpinang Kepulauan Riau","authors":"M. Sianturi","doi":"10.24905/diktum.v10i1.202","DOIUrl":"https://doi.org/10.24905/diktum.v10i1.202","url":null,"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.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132500154","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":"Sebuah Perbandingan Perlindungan Hukum Terhadap Korban Tindak Pidana Terorisme di Indonesia dan India","authors":"Anang Riyan Ramadianto","doi":"10.24905/diktum.v10i1.193","DOIUrl":"https://doi.org/10.24905/diktum.v10i1.193","url":null,"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. \u0000Terrorism 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. Presenta","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"116 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133586517","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":"Model Penerapan Asas Pemisahan Horizontal Dalam Lelang Eksekusi Hak Tanggungan","authors":"Tiyas Vika Widyastuti, Evy Indriasari, Erwin Adiyta Pratama, Siswanto","doi":"10.24905/diktum.v9i1.195","DOIUrl":"https://doi.org/10.24905/diktum.v9i1.195","url":null,"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.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"241 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124293602","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":"Nilai Keadilan Dalam Rekonstruksi Peralihan Hak Atas Tanah","authors":"Evy Indriasari, Erwin Adiyta Pratama","doi":"10.24905/diktum.v10i1.95","DOIUrl":"https://doi.org/10.24905/diktum.v10i1.95","url":null,"abstract":"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.","PeriodicalId":297417,"journal":{"name":"Diktum: Jurnal Ilmu Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120989663","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}