Pub Date : 2022-08-22DOI: 10.24905/diktum.v9i2.142
Imam Asmarudin
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.
{"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}
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.
{"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}
Pub Date : 2022-08-21DOI: 10.24905/diktum.v10i1.114
Erwin Adiyta Pratama
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.
{"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}
Pub Date : 2022-08-21DOI: 10.24905/diktum.v10i1.204
Moh. Al-vian Zul Khaizar -
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.
{"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}
Suci Hartati, Toni Haryadi, Oemi Hartati, Erwin Adiyta Pratama
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.
{"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}
Dwi Hartoyo, Kus Rizkianto, Dinar Mahardika, Erwin Adiyta Pratama
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.
{"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}
Pub Date : 2022-08-21DOI: 10.24905/diktum.v10i1.202
M. Sianturi
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.
{"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}
Pub Date : 2022-08-21DOI: 10.24905/diktum.v10i1.193
Anang Riyan Ramadianto
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. 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. Presenta
恐怖主义是一种犯罪，对每个国家的维护构成重大威胁，对安全、世界和平构成危险，并损害社会福利。这与犯罪受害者的苦难密不可分，他们需要国家的法律保护。本研究的目的是比较印度尼西亚和印度在规范和经验背景下给予犯罪行为受害者的法律保护形式。本研究采用定性研究方法，结合实证法学方法和描述性分析研究规范。这项研究是在雅加达的国家反恐机构和新德里的印度受害者学和心理学研究中心进行的。使用的数据包括主要数据和次要数据。通过访谈和文献研究收集数据的方法。对得到的数据进行数据约简、数据显示、数据分类等处理。以叙事性文本描述的形式呈现数据，采用定性分析的方法。研究结果表明，两国对犯罪行为受害者的法律保护各有利弊，至于需要进一步关注医疗援助的法律保护，另一个问题是，过去犯罪受害者的权利仅限于2021年6月22日。而在印度，它不会伤害受害者。与此同时，印尼和印度也存在阻碍犯罪行为受害者法律保护的因素，从(1)法律实体，即《政府法规》(Government Regulation of Law no。5 2018年尚不存在,而在印度没有具体规定关于心理和社会心理康复,(2)法律是缺乏人力资源(HR)国家反恐机构(BNPT)在印度的人力资源短缺国家调查机构(NIA),和(3)的法律文化,即在印度相关的差异之间存在的差异,缺乏法律知识的人关于他们的权利。恐怖主义是一种犯罪，对每个国家的维护构成重大威胁，对安全、世界和平构成危险，并损害社会福利。这与犯罪受害者的苦难密不可分，他们需要国家的法律保护。本研究的目的是比较印度尼西亚和印度在规范和经验背景下给予犯罪行为受害者的法律保护形式。本研究采用定性研究方法，结合实证法学方法和描述性分析研究规范。这项研究是在雅加达的国家反恐机构和新德里的印度受害者学和心理学研究中心进行的。使用的数据包括主要数据和次要数据。通过访谈和文献研究收集数据的方法。对得到的数据进行数据约简、数据显示、数据分类等处理。以叙事性文本描述的形式呈现数据，采用定性分析的方法。研究结果表明，两国对犯罪行为受害者的法律保护各有利弊，至于需要进一步关注医疗援助的法律保护，另一个问题是，过去犯罪受害者的权利仅限于2021年6月22日。而在印度，它不会伤害受害者。与此同时，印尼和印度也存在阻碍犯罪行为受害者法律保护的因素，从(1)法律实体，即《政府法规》(Government Regulation of Law no。5 2018年尚不存在,而在印度没有具体规定关于心理和社会心理康复,(2)法律是缺乏人力资源(HR)国家反恐机构(BNPT)在印度的人力资源短缺国家调查机构(NIA),和(3)的法律文化,即在印度相关的差异之间存在的差异,缺乏法律知识的人关于他们的权利。
{"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}
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.
{"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}
Pub Date : 2022-08-21DOI: 10.24905/diktum.v10i1.95
Evy Indriasari, Erwin Adiyta Pratama
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.
{"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}
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