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Jurnal Dinamika Hukum
Published by Universitas Jenderal Soedirman
ISSN : 14100797     EISSN : 24076562     DOI : https://doi.org/10.20884/1.jdh.2024.24.3.15563
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Since its establishment in 1996, JDH has published normative legal research and socio-legal articles with a multidisciplinary approach. However, starting from Vol. 25 No. 1 (2025), JDH has focused on public law studies, covering the areas of criminal law, constitutional law, international law, environmental law, and health law. This specific focus aims to ensure consistency in publication quality. Therefore, each edition of JDH publishes only 5–7 articles.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 21 Documents
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Characteristics of Professional Liability Insurance for Doctors in Indonesia Setiawan, I Putu Gde Budhi; Huda, Mokhamad Khoirul
Jurnal Dinamika Hukum Vol 25 No 1 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.1.15465

Abstract

Regulation of the Minister of Health of the Republic of Indonesia Number 755/MENKES/PER/IV/2011 concerning the Organization of Medical Committees in Hospitals in the section on credential mechanisms and granting of clinical authority for medical personnel in Hospitals in number 12 point D states that: "Doctors have Professional Indemnity Insurance ."This provision creates an obligation for hospitals or doctors to have professional liability insurance for doctors to protect their profession. This study aimed to determine the characteristics of professional liability insurance for doctors. The method used in this study is normative juridical with a statutory approach and a conceptual approach. This study indicates that professional liability insurance for doctors is included in loss insurance because what is insured is the risk of compensation for the doctor's profession carried out by the doctor in carrying out his profession. At the same time, the doctor's medical risk is not covered according to what is regulated in the policy. In addition, the characteristics of professional liability insurance for doctors are also related to the grouping of the level of risk of medical negligence in each classification of doctors. This group determines the premium and compensation paid to the doctor as compensation to the patient. Doctors use insurance claims to compensate patients if the doctor commits medical negligence and other costs.
Fulfilling Women’s Rights in Jakarta’s Class IIA Prison Adhari, Ade; Widyawati, Anis; Aprilia, Indah; Sudiro, Amad
Jurnal Dinamika Hukum Vol 25 No 1 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.1.15466

Abstract

Correctional institutions function to provide correctional services to inmates who are carrying out criminal sentences. For female prisoners, Indonesia places them in special correctional institutions for women. The Jakarta Class IIA Women's Correctional Institution is one institution formed to guide female WBPs. While in prison, prisoners have rights that must be respected, protected, and fulfilled. This article attempts to establish a national legal policy to guarantee the rights of women inmates in Indonesia and the availability of inmates' rights in Indonesia. This research is yuridis normative. The research results show that at a practical level, there are rights of female prisoners that cannot be accessed, their fulfillment is late, and their fulfillment is a formality to fulfill the provisions of the rules. The various factors that cause non-optimal fulfillment of rights include overcapacity, lack of exceptional standards for female prisoners, inadequate budget, inadequate facilities and infrastructure, weak third-party support, and problems with the quality of human resources for prison officers. The author suggests that the Government fulfill the human rights of inmates by making many changes, such as increasing the budget, collaborating with third parties, and others. Suggestions for the Government to continue to improve the fulfillment of the rights of women prisoners, which is not just a formality but is also optimized, for example, prison capacity, adequate budget, infrastructure, and the quality of prison officer resources.
Breaking the Silence: Necrophilia in Indonesia and the Pressing Demand for Legal Reform Mahadnyani, Tjokorda Mirah Ary; Wirya Darma, I Made
Jurnal Dinamika Hukum Vol 25 No 1 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.1.15467

Abstract

Necrophilia, the act of engaging in sexual activities with corpses, remains an unregulated legal and ethical issue in Indonesia. The absence of specific legal provisions creates challenges in law enforcement and societal protection. This study analyzes the legal gaps in handling necrophilia cases and proposes reforms to ensure proper criminalization and deterrence. Using a normative legal research method, this study relies on library resources, including books, journals, and legal documents. Case studies help examine the legal and social implications of necrophilia. The findings reveal that necrophilia is not explicitly regulated under the Indonesia’s Criminal Code, leading to inconsistent legal responses and unclear punitive measures. While such acts violate societal norms and laws, their legal categorization remains ambiguous. A comparative analysis of international legal frameworks highlights the need for Indonesia to strengthen its laws. Countries like the UK and the U.S. classify necrophilia as a sexual crime, ensuring stricter penalties. The absence of similar provisions in Indonesia underscores a critical gap in the country’s criminal law, requiring urgent reform. Addressing this gap will reinforce legal protections and uphold societal values regarding the dignity of the deceased. It is recommended that Indonesia incorporate specific laws against necrophilia, drawing from international best practices, to ensure comprehensive legal enforcement and deterrence.
Why Indonesia Should Ratify the Biodiversity Beyond National Jurisdiction Agreement? Yuliantiningsih, Aryuni; Indriati, Noer; Wismaningsih, Wismaningsih; Jati, Baginda Khalid Hidayat
Jurnal Dinamika Hukum Vol 25 No 1 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.1.15468

Abstract

Indonesia signed the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement in June 2023 but has yet to decide on ratification. This treaty fills legal gaps in UNCLOS 1982 by regulating marine genetic resources (MGRs), marine protected areas (MPAs), environmental impact assessments (EIAs), and equitable benefit-sharing mechanisms in areas beyond national jurisdiction (ABNJ). Given Indonesia’s strategic position as the world’s largest archipelagic state, ratification is essential to align national policies with global commitments, secure access to MGRs, and reinforce Indonesia’s role in international ocean governance. This study employs a doctrinal legal approach to examine Indonesia’s rights and obligations under the BBNJ Agreement and identify necessary adjustments to domestic laws and policies. The findings indicate that delaying ratification weakens Indonesia’s position in ABNJ governance and risks limiting access to MGR-related research, technology transfer, and benefit-sharing opportunities. Immediate ratification would ensure Indonesia’s active participation in global marine conservation while strengthening national legal certainty and maritime diplomacy. Future research should explore legal harmonization strategies to facilitate effective implementation of the agreement.
The Living Law in Judicial Decisions: Formulation and Implications of the National Criminal Code Sulistio, Rian; Nurjaya, I Nyoman; Madjid, Abdul
Jurnal Dinamika Hukum Vol 25 No 1 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.1.15469

Abstract

A good law is a law that is in accordance with the law that lives in the community (living law) and in accordance with the reflection of the values prevailing in the community. In its development, living law has been accommodated in Article 2 paragraph (1) of the National Criminal Code. This research analyzes the formulation of living law provisions in the community in the National Criminal Code and its implications for Judges in making legal considerations in their decisions. This research uses normative juridical research method with statutory, historical, conceptual, analytical, and case approaches. The results showed that the formulation of Laws Living in Society in the National Criminal Code contained 15 provisions with five variations of terms such as “laws living in society”, “norms of decency”, “values of law and justice”, “local customary obligations”, and “fulfillment of customary obligations”, then the implications of laws living in society in the National Criminal Code have consequences for Judges can be a reference for adjudicating cases involving customary law and additional legal considerations. Although there are no Government Regulations and Regional Regulations regarding laws that live in the community, Judges are still obliged to explore legal values and a sense of justice that live in the community.
The Role of Public Participation in Agricultural Land Conversion to Achieve National Food Security Soediro, Soediro; Muhammad, Mahdi; Alfath, Kem Nori
Jurnal Dinamika Hukum Vol 24 No 3 (2024)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.3.15563

Abstract

National Food Security in Indonesia faces threats from agricultural land conversion, especially with a projected 324.05 million population by 2045 and only 5.2 million ha of paddy fields left. Policy and community involvement are essential to curb land conversion and sustain food production. While regulations exist, their implementation remains suboptimal due to community support for land conversion to housing. This study delves into public participation's role in agricultural land conversion for food security. It employs two approaches: a statutory approach to understand regulations and a case approach to study their practical application. Data sources encompass laws, regulations, literature, and documents on Indonesian agriculture and food security. Factors driving land conversion include economic challenges like low incentives and high production costs, societal perceptions deeming farming less prestigious, a rising population, increased land values near cities, and irrigation water shortages. To combat land conversion, the strategy advocates for active stakeholder involvement, emphasizing community participation in planning, execution, monitoring, and evaluation. This approach, backed by legal analysis, aims to effectively thwart land conversion and preserve agricultural lands.
Reconstruction of the Characteristics of the Constitutional Court’s Decision on the Minimum Age of Presidential and Vice-Presidential Candidates in the Republic Of Indonesia’s State Administrative System Fauzan, Muhammad; Iriani, Dewi; Budiono, Arief; Rannie, Mahesa; Marvinda, Elsa Sintya
Jurnal Dinamika Hukum Vol 24 No 3 (2024)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.3.15571

Abstract

There was a proposal that the minimum age of Indonesia’s Presidential and Vice-Presidential candidates should be 35 years as opposed to the original 40 years. Decision of the Constitutional Court No. 90/PUU-XXI/2023 on the Minimum Age of Presidential and Vice-Presidential Candidates rejected this proposal and declared that the minimum age is 40 years old with an additional sentence of "having had experience as a head of a region". This paper aims to analyze how Constitutional Court judges reconstruct the characteristics of the Constitutional Court decision in interpreting case No. 90/PUU-XXI/2023 and the considerations of Constitutional Court judges in applying legal regulation principles in deciding upon case No. 90/PUU-XXI/2023. Results found that The Decision of the Constitutional Court No. 90/PUU-XXI/2023 is unconstitutional as it violates the mandate of the 1945 Constitution and Article 169 letter (q) of Law No. 7 of 2017 on the General Election.
Model of Coaching for Juvenile Recidivism in Pekanbaru: A Social Reintegration Effort Rinaldi, Kasmanto
Jurnal Dinamika Hukum Vol 24 No 3 (2024)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.3.15575

Abstract

This study explores the coaching model applied to juvenile recidivist juveniles in Pekanbaru to achieve successful social reintegration. Using a qualitative approach through interviews, observation, and documentation, coupled with relying on the Nvivo 12 Plus analysis tool for data coding, this study deeply understood the model of fostering juvenile recidivists. The research findings show that the coaching model for recidivists in Pekanbaru includes rehabilitation, education and skills approaches, social support, reintegration into society, supervision and monitoring, strengthening the youth justice system, and education about law and consequences. It is effective in helping children improve themselves and avoid criminal behaviour. A holistic approach focusing on understanding the causes of problems, empowerment, and positive social support is the key to their successful social reintegration.
Politics and Green Financial Crime: Envisioning a Sustainable Democratic Future in Indonesia Putra, Yagie Sagita; Pujiyono, Pujiyono; Rochaeti, Nur; Fernando, Zico Junius
Jurnal Dinamika Hukum Vol 24 No 3 (2024)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.3.15576

Abstract

The Indonesian Financial Transaction Reports and Analysis Center (PPATK) in Indonesia has uncovered a significant issue concerning illegal financial transactions linked to environmental crimes. They have identified that approximately 1 trillion Rupiah, obtained from such green financial crimes, is being funnelled into political parties for the 2024 elections. This discovery is particularly alarming, as it raises serious concerns about the integrity of the democratic process and the sustainability of the nation's political future. The PPATK's findings indicate that this illegal funding comes from various environmental crimes, including illegal logging and other environmentally damaging activities. The fact that these funds are being used to finance political campaigns implies a deeply concerning intersection between environmental crime and political corruption. This situation exemplifies a broader category of 'green financial crime', where environmental exploitation is directly linked to illicit financial gains. Results This research investigates the implications of these financial irregularities for the country's commitment to environmental conservation and the development of green policies. It discusses the broader implications for Indonesia's democratic order and urges a re-evaluation of current political funding mechanisms, advocating for transparent and accountable practices to ensure electoral integrity and promote a sustainable democratic future. The importance of collective action, involving civil society, policymakers, and international partners, to address the linkages between politics, democracy, and green financial crime ultimately protects Indonesia's democratic values and environmental heritage.
Breaking the Cycle: Reforming Indonesia’s Justice System to Prioritize Victim-Centered Solutions Amriyanto, Amriyanto; Alting, Husen; Bakhtiar, Handar Subhandi; Putra, Grahadi Purna
Jurnal Dinamika Hukum Vol 24 No 3 (2024)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.3.15577

Abstract

The article attempts to look at the location and role of victims of crime in the criminal justice system and how the system is manipulated to corner the victims and offer solutions to the victims' problems. The Indonesian criminal justice system places the position of criminal victims as no more than those who assist law enforcement in uncovering crimes. The obstacle that the victim encounters in the criminal justice system is that the victim is only used as an object of evidence alone, not to mention if there is a blacklash from the perpetrator to the perpetrator who goes to jail only for penance. The application of restorative justice is one of the best solutions to how the criminal justice system is run. Involving victims and perpetrators and their families in a balanced and fair way as well as meeting the needs of the victims adapted to the perpetrators' ability to be responsible reflects the kinship character of the kinship culture of the Indonesian people.

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