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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 2 Documents
 1 
Search results for , issue "Vol 26 No 2 (2026)" : 2 Documents clear
Requirements for Political Party Participants and Political Party Institutionalization Syam, Radian; Windiyastuti, Feny
Jurnal Dinamika Hukum Vol 26 No 2 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.2.18493

Abstract

Political parties in Indonesia are required to fulfill several legal and organizational conditions that serve as benchmarks for their institutionalization and eligibility to participate in elections. This qualitative study explores how these requirements influence the institutionalization process of political parties by examining legal documents, government regulations, academic literature, reports, and media sources. The findings reveal that although the regulatory framework governing political parties has evolved significantly since the first post-reform elections, the current set of requirements still contains several weaknesses in promoting genuine institutional development. Many of the existing regulations remain administrative in nature and fail to address deeper issues such as internal democracy, party autonomy, and societal engagement. Consequently, the institutionalization of political parties in Indonesia remains superficial, often dominated by elite interests and weak public participation. This study suggests that a comprehensive evaluation of these requirements is necessary to align them with efforts that strengthen democratic values, practices, and culture. Enhancing the quality of party institutionalization is essential to ensure that political parties function as democratic and accountable institutions capable of supporting Indonesia’s democratic consolidation.
Reconstructing the Legal Politics of Nominee Agreements in Direct Investment in Indonesia: Toward Beneficial Ownership Transparency and a Fair Investment Climate Nugraha, Diwyacitta Nura; Wahanisa, Rofi; Suhadi, Suhadi
Jurnal Dinamika Hukum Vol 26 No 2 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.2.18933

Abstract

The practice of nominee agreements in Foreign Direct Investment (PMA) in Indonesia is often used as a legal smuggling strategy by foreign investors to circumvent share ownership restrictions in the Negative Investment List (DNI). This phenomenon reflects the current investment legal policy (ius constitutum) which is ambivalent; on the one hand, it prohibits normatively, but on the other hand, it is weak in law enforcement, thus creating an unhealthy business competition climate (unfair competition) and potential losses to the country's economic sovereignty. This study aims to criticize the effectiveness of existing regulations and formulate an ideal legal political reconstruction to realize investment justice. This study is a normative legal research using a statutory approach (statute approach), a conceptual approach (conceptual approach), and a political-legal approach (political-legal approach). The results of the study indicate that the prohibition on nominee agreements in Article 33 of the Investment Law and Article 48 of the Limited Liability Company Law has not been effective due to the lack of an integrated oversight instrument for beneficial owners. Therefore, a reconstruction of legal politics (ius constituendum) is needed that shifts from a passive prohibition paradigm to an absolute transparency regime. The proposed reconstruction concept includes: (1) Formalization of the obligation to declare beneficial ownership explicitly in the law, accompanied by strict sanctions; (2) Implementation of the Nominee Amnesty mechanism as a restorative transitional solution; and (3) Harmonization of the cross-sectoral supervisory system that integrates data from the OSS, the Directorate General of AHU, and the PPATK

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