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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 4 Documents
 1 
Search results for , issue "Vol 26 No 1 (2026)" : 4 Documents clear
Comparative Analysis of Juvenile Criminal Liability: The Indonesian and Malaysian Approaches to Defence of Infancy Susila, Muh Endriyo; Devty, Stephanie
Jurnal Dinamika Hukum Vol 26 No 1 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.1.16062

Abstract

The minimum age at which children can be held criminally liable is a central issue in juvenile criminal justice because it reflects how the law defines childhood, liability, and the state’s obligations toward child offenders. This study examines how Indonesia and Malaysia design and apply the defence of infancy and how these choices influence the treatment of children in conflict with the law. The study aims to analyse the conceptual foundations, mechanisms, and practical consequences of the minimum age for establishing criminal liability in both jurisdictions. This study relies entirely on secondary data drawn from legislation, judicial decisions, academic literature, and official documents. Indonesian materials include the Juvenile Justice System Law of 2012 and several illustrative judgments, such as Decision Number 23/Pid.Sus-Anak/2025/PN Lbp, Decision Number 127/Pid.Sus/2012/PN.Bi, and Decision Number 1/Pid.Sus-Anak/2022/PN.Sbr. Malaysian sources include the Child Act of 2001, the Malaysian Penal Code, and case law such as Child v Public Prosecutor [2020] MLJU 13944. The findings show that Indonesia adopts a fixed statutory minimum age of twelve accompanied by diversion and restorative justice mechanisms, while Malaysia applies the doctrine of doli incapax, granting absolute immunity to children under ten and a rebuttable presumption for those aged ten to twelve, with greater reliance on institutional rehabilitation. These differences shape how liability is assessed and how children are processed, rehabilitated, and reintegrated into society. Based on these observations, the study suggests that Malaysia could benefit from expanding restorative practices, while Indonesia requires stronger and more consistent implementation of its existing restorative framework.
Reconstructing Cosmic Harmony: Singer, Indigenous Justice, and the Legal Pluralism of Forest Fire Governance among the Dayak Ngaju Putra, Nuredy Irwansyah; Santoso, Wahyu Yun
Jurnal Dinamika Hukum Vol 26 No 1 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.1.17762

Abstract

Recurring forest and land fires (Karhutla) in Central Kalimantan reveal not merely an environmental emergency, but a structural failure of Indonesia’s state-centered environmental law to deliver effective and socially legitimate ecological justice. This article critically examines how the Dayak Ngaju customary legal system challenges the dominance of punitive–administrative fire governance through singer sanctions and community-based adjudication, which frame forest fires as violations of collective ecological order rather than isolated criminal acts. Employing a socio-legal approach, the study combines doctrinal analysis of national environmental law with contextual examination of indigenous legal practices to expose the tension between state law and living customary law in the resolution of forest fires. The analysis demonstrates that, while state law prioritizes criminal liability and regulatory compliance, Dayak Ngaju customary law operates through restorative accountability, material compensation, and community responsibility aimed at restoring ecological balance. This article argues that the marginalization of indigenous legal mechanisms is not a neutral administrative choice, but a source of ecological injustice that perpetuates ineffective fire governance. Its central contribution lies in advancing a critical legal pluralism framework that repositions Dayak Ngaju customary law as a legally operative system capable of correcting the limitations of state environmental law. By foregrounding indigenous legal sovereignty as an analytical claim rather than a cultural footnote, this study offers a normative critique of Indonesia’s environmental governance and proposes a more context-sensitive pathway toward ecological justice grounded in legally recognized pluralism.
Advancing the Protection of Child Victims of Crime: A Comparative Study of Indonesia and the Philippines Pangestuti, Erly; Lukman, Dian Arlesti; Dewi, Retno Sari; Monzon, Jessica Mae S.
Jurnal Dinamika Hukum Vol 26 No 1 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.1.18570

Abstract

The protection of children as victims of crime remains one of the major challenges in modern child protection legal framework systems, particularly in developing states such as Indonesia and the Philippines. Although both states have constitutional commitments and national policies aimed at safeguarding children’s rights, the implementation of protection for child victims often encounters structural, cultural, and institutional obstacles. This article examines the role of child protection legal framework in strengthening the protection of child victims through a comparative analysis of legal frameworks, policies, and law enforcement practices in both states. The study employs a comparative legal research method by analyzing relevant legislation, jurisprudence, and public policies on child protection. The findings indicate that Indonesia and the Philippines both possess a strong legal foundation for child protection, as reflected in the Child Protection Law of 2002 (amendment 2014 and 2016) and the Philippines’ Republic Act No. 7610 of 1992. However, the effectiveness of implementation remains limited due to inadequate inter-agency coordination, resource constraints, and a lack of sensitivity among law enforcement officials toward child victims. This study underscores that child protection legal framework plays a crucial role not only as a normative regulatory instrument but also as a means of social engineering that promotes justice and the well-being of child victims of crime. The main recommendations include strengthening institutional capacity, enhancing training for law enforcement personnel, and harmonizing cross-sectoral policies to achieve more effective and sustainable child protection.
Global Norms and Constitutional Law in Indonesia and Pakistan Muin, Sri Amlinawaty A; Muhdar, Muh. Zulkifli; Mail, Syed Muhammad Huzaif
Jurnal Dinamika Hukum Vol 26 No 1 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.1.19162

Abstract

The interaction between international legal norms and national constitutional law has become increasingly complex, particularly in countries with strong ideological and religious foundations. This study aims to analyze the process of legal adaptation of global norms within the constitutional systems of Indonesia and Pakistan and to identify the social, political, and religious factors that influence their legitimacy and effectiveness. This study employs a comparative legal analysis, focusing on constitutional provisions, statutory regulations, and relevant legal doctrines in Indonesia and Pakistan. The findings reveal that Indonesia adopts a dialogical– inclusive model, in which universal human rights values are contextualized through Pancasila and the principle of Divinity as normative filters, whereas Pakistan adopts a defensive–theological model that positions Sharia as the ultimate boundary of legal supremacy over global norms. Social, political, cultural, and religious values play a significant role in determining the degree of legitimacy and the practical effectiveness of international norms within each domestic context. This study concludes that the effectiveness of implementing international norms largely depends on a state’s ability to balance global commitments with the authenticity of its local values.

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