cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Dwiki Oktobrian
Contact Email
dwiki.oktobrian@unsoed.ac.id
Phone
+6281221969186
Journal Mail Official
jurnal.dinamikahukum@unsoed.ac.id
Editorial Address
Jalan H. R. Boenyamin No. 703, Grendeng, Purwokerto
Location
Kab. banyumas,
Jawa tengah
INDONESIA
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 6 Documents
 1 
Search results for , issue "Vol 25 No 3 (2025)" : 6 Documents clear
Underutilization of Death Row Clemency and Its Implications for Justice and Human Rights Pakpahan, Hatarto
Jurnal Dinamika Hukum Vol 25 No 3 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.3.15994

Abstract

The death penalty in Indonesia is controversial because it is contrary to human rights principles, although executions are carried out based on the sovereignty of national law. The uncertainty of the clemency process has a double impact: the convict experiences an unclear fate, and the state is criticized for the inconsistent application of the law. The "death row phenomenon" is recognized as a form of psychological torture for convicts awaiting a decision. This study analyzesdimensions of justice, ethical dimensions and the theoretical framework, as well as victim exclusion in the Indonesian Clemency Law. The study employs a normative method with a legislative and conceptual approach. Data is collected through literature studies of primary, secondary, and tertiary legal materials. The analysis was conducted qualitatively with legal interpretation. The study identified three dimensions of death penalty clemency: the impact on justice, ethical considerations, and the effect on victims. Gaps were found in the transparency of the process, inconsistent application, low success rate (4.8%), and lack of victim involvement, which hinders psychological recovery. Clemency in the death penalty acts as a mechanism for correcting injustice and protecting human rights, but its implementation shows inconsistency. Regulatory reform is needed that balances retributive justice with humanitarian values through increased transparency, victim involvement, and the establishment of clear substantive criteria.
Election Supervisory Board as the Constitutional Watchdog: Ensuring Human Rights and Electoral Neutrality in Indonesia Tinambunan, Wahyu Donri; Nurdin, Maharani; Silalahi, Adi Kristian; Ezzerouali, Souad Ahmed
Jurnal Dinamika Hukum Vol 25 No 3 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.3.16582

Abstract

The integrity of Indonesia’s democratic elections depends on the impartial enforcement of electoral laws and the protection of citizens’ political rights. The Election Supervisory Board (Bawaslu), although not explicitly established in the Constitution, serves as a key institution mandated by statutory law to oversee electoral neutrality and protect the fairness of electoral processes. Its supervisory mandate intersects with broader constitutional principles and human rights norms, particularly in addressing violations of political neutrality by state officials and safeguarding the right to political participation. This study aims to critically analyze the extent to which Bawaslu incorporates constitutional oversight and human rights considerations into its supervisory practices and how these frameworks influence its effectiveness. Using a normative legal research method with statutory, conceptual, and comparative approaches, the study evaluates national legal instruments, Bawaslu regulations, and selected case studies. Findings indicate that Bawaslu’s oversight capacity is constrained by gaps in legal clarity, inconsistent inter-institutional coordination, and the absence of explicit constitutional grounding for its human rights obligations. Strengthening its institutional independence, refining the legal framework, and aligning domestic electoral oversight with international human rights standards are crucial steps for enhancing both electoral integrity and political neutrality. Beyond the Indonesian context, this study contributes to the global discourse on the role of non-constitutional electoral oversight bodies in consolidating democratic governance, offering comparative insights relevant to emerging democracies worldwide.
Unraveling the Darkness of Raja Ampat: A Neglected Criminal Justice System Hernanto, Tjoetjoe Sandjaja; Alan, Muhammad Fikri; Arumbinang, Mohammad Hazyar
Jurnal Dinamika Hukum Vol 25 No 3 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.3.16682

Abstract

This study examines the complex challenges confronting Raja Ampat, a globally significant region renowned its extraordinary marine biodiversity and rich cultural heritage, through the lens of an integrated criminal justice system. Raja Ampat is increasingly imperiled by illegal activities, including unregulated nickel mining and environmental exploitation, which threaten both ecological integrity and social well-being. Utilizing a normative legal methodology with statue and conceptual analysis, this research critically evaluates the current application of justice mechanisms involving law enforcement, judicial institutions, correctional services, and community participation. The study reveals critical systemic weaknesses, including fragmented legal authorities, poor coordination with local communities, and inadequate policy integration, that perpetuate illegal practices and social conflicts. Importantly, this study emphasizes the need to harmonize environmental regulations with criminal law frameworks to establish stronger deterrents against ecological crimes. Beyond its regional focus, this study contributes to the international discourse on ecological governance and criminal justice by providing a replicable model of integrated legal frameworks that balance ecological conservation with community empowerment. The findings provide actionable insights for global policymakers, law enforcement agencies, and civil society organizations seeking to enhance justice systems as effective instruments for sustainable development and social equity. Ultimately, this study advocates for a collaborative and comprehensive approach to justice system that aligns enforcement mechanisms with global sustainability goals, thereby supporting the preservation of biodiversity hotspots worldwide.
Deterrent Effect and Human Rights: A Critical Analysis of Chemical Castration Implementation in Child Protection Law Purnomo, Arie; Karyma, Desvika Rizqi; Kurniati, Syahrani; Mukti, Tansah Hanggawa; Rawie, Muhammad Daffa Eka
Jurnal Dinamika Hukum Vol 25 No 3 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.3.17722

Abstract

Sexual violence against children is an extraordinary crime that demands firm legal enforcement to ensure both deterrence and protection for victims. To address this issue, the Indonesian government introduced chemical castration through Government Regulation in Lieu of Lieu of Law (Perppu) Number 1 of 2016 as an additional sanction for perpetrators of sexual violence against children. This study critically examines the implementation of chemical castration in Indonesia by highlighting the legal framework and the tension between deterrence and the protection of human rights. The analysis draws on relevant legislation, criminal law concepts, and selected court decisions to evaluate the policy’s practical and ethical challenges. The findings reveal that chemical castration has not been an effective deterrent due to the absence of technical implementation guidelines and objections from medical professionals, particularly the Indonesian Medical Association (IDI), based on professional ethics. These obstacles have weakened both deterrence and rehabilitation efforts, creating ethical and legal dilemmas in their enforcement. Therefore, a policy reformulation is necessary by positioning chemical castration within a double-track system that integrates punishment and rehabilitation to achieve a balanced approach between deterrence, offender recovery, and human rights protection. Future implementation should be supported by clear procedural standards, inter-agency coordination, and ethical oversight to ensure that the policy aligns with the principles of justice and human dignity.
A Regulatory Time Bomb: Can Singapore’s Model Rescue Indonesia’s Gig Economy? Widiastiani, Nindry Sulistya
Jurnal Dinamika Hukum Vol 25 No 3 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.3.15868

Abstract

Platform workers who work through digital applications such as online transportation and delivery services are growing in Indonesia, but their legal status is still unclear. The incompatibility between the platform's work model and conventional labor regulations results in platform workers not receiving legal protection, social security, or recognition of formal employment relationships. This article examines these problems using normative legal research methods and comparative approaches by comparing the Indonesian legal system with Singapore's policies through the Platform Workers Act 2024. The legal materials include laws and regulations, jurisprudence, and related literature. The study results show that Indonesia still relies on inadequate partial regulation to address the protection needs of platform workers. At the same time, Singapore has taken a progressive step by recognizing the status of platform workers as a separate legal entity with fundamental rights, such as social security, the right to form associations, protection against work injuries, and income transparency. The novel finding of this study lies in identifying the hybrid employment model as a feasible and legally sound framework to bridge the gap between full-time employment and independent contracting in Indonesia. This model not only aligns with Singapore’s adaptive regulatory approach but also offers a policy blueprint for equitable protection without undermining digital innovation. The broader implication is clear: without a comprehensive legal reform that institutionalizes hybrid employment, Indonesia risks entrenching a two-tier labor system that perpetuates inequality within its rapidly expanding digital economy.
Climate Resilience Indonesia's National Strategic Program for Social Justice as a Paradox of Coloniality Hasnda, Nuchraha Alhuda; Pradhan, David; Wibowo, Satrio
Jurnal Dinamika Hukum Vol 25 No 3 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.3.15852

Abstract

The National Strategic Projects (PSN) are designed to mitigate and adapt the impacts of climate change and safeguard essential environmental functions, due to emissions from the energy sector, the second-largest source of greenhouse gas (GHG) emissions after land-use change and forestry. The rhetoric of sustainable development underlying a colonial rationality that reproduces extractivist regimes, the dispossession of Indigenous territories, and the subordination of local communities in favor of national elites and global markets. Law functions not as a protector of community rights but as a tool to legitimize green grabbing in the name of climate crisis mitigation. This study critically examines the climate law politics of Indonesia in framing National Strategic Projects as solutions for social justice. The research addresses how the coloniality of power operates within national climate law and explores how policy directions can be transformed toward decolonial climate justice grounded in self-determination. Methods used are an interdisciplinary socio-legal approach , global political ecology, and critical coloniality studies. The research analyzes the role of law in structuring and normalizing resource extraction under the narratives of energy transition. The main instrument is a critical legal-political analysis of climate resilience, focusing on legal frameworks, state-corporate actors, and the exclusion of local communities. The result of this research identifies practices of coloniality; power, being, and etymology, and the need for decolonial approaches to climate resilience. The recommendations are local needs-based policies that prioritize affected communities, self-determination through meaningful participation in planning and implementation, and corrective justice as a mechanism to review legal policies for adaptation, restore social rights, and ensure egalitarian knowledge.

Page 1 of 1 | Total Record : 6

 1 

Filter by Year

2025 2025


Reset
Filter By Issues
All Issue Vol 25 No 3 (2025) Vol 25 No 2 (2025) Vol 25 No 1 (2025) Vol 24 No 3 (2024)