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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 7 Documents
 1 
Search results for , issue "vol 26 no 2 (2026)" : 7 Documents clear
Requirements for Political Party Participants and Political Party Institutionalization Radian Syam; Feny Windiyastuti
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 Diwyacitta Nura Nugraha; Rofi Wahanisa; 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
Rethinking Property Rights Over Water-Based Constructions: Comparative Insight from Indonesia and Selected Jurisdiction Oemar Moechthar; Agus Sekarmadji; Gading Ariyo Caesar Putra Prayogi; Mochammad Thanthowy Syamsuddin
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.2026.26.2.16869

Abstract

Property rights over water-based constructions present a complex legal issue within Indonesia’s agrarian law system. Existing regulations, including the Agrarian Law of 1960 and Government Regulation No. 18 of 2021 on Management Rights, Land Rights, and Land Registration, do not explicitly regulate the legal status of structures built above water surfaces. This regulatory gap creates uncertainty regarding ownership. The spatial control and the classification of such constructions within the existing land law framework are needed to examine. This study examines the legal framework governing water-based constructions in Indonesia through a qualitative doctrinal approach combined with comparative legal analysis. It evaluates relevant statutory provisions, legal concepts of land and spatial rights, and selected international practices to identify regulatory gaps and potential solutions. The comparative analysis draws on experiences from jurisdictions that have addressed similar issues, particularly in relation to the classification of floating structures and the separation between land rights and building rights. The findings indicate that the current Indonesian framework lacks conceptual clarity in addressing constructions situated above water, resulting in overlapping institutional authority and inconsistent regulatory practices. A key insight from the comparative analysis is the potential relevance of the horizontal separation principle (applied in jurisdictions such as Japan), which distinguishes between land ownership and building rights. This approach may provide an alternative model for regulating water-based constructions in Indonesia. This study concludes that clearer regulatory integration and inter-agency coordination are essential to ensure legal certainty, effective spatial governance, and sustainable development in water-based environments.
Judicial Pardon after the New Criminal Procedure Code: Procedural Operationalization in Indonesia’s Criminal Justice Reform Patrick Corputty; Pujiyono Pujiyono; Irma Cahyaningtyas
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.2026.26.2.17704

Abstract

Judicial pardon is an important innovation in Indonesia’s 2023 Criminal Code because it allows judges to declare a defendant guilty while refraining from imposing punishment or measures. This article examines judicial pardon as a form of judicial discretion oriented toward proportionality, substantive justice, and the humanization of punishment, while also analysing its procedural operationalization after the enactment of the New Criminal Procedure Code of 2025. Using doctrinal legal research with statutory, conceptual, case, and comparative approaches, this article compares analogous mechanisms in the Netherlands, England and Wales, and France. The findings show that the New Criminal Procedure Code has formally recognized judicial pardon as a distinct form of court decision and allows legal remedies against it. However, its implementation still requires clearer procedural safeguards, particularly concerning eligibility requirements, stages of examination, victim participation, the duty to give reasons, judgment format, review mechanisms, and oversight. Comparative experience shows that discretion not to impose punishment can operate effectively only when embedded in a transparent, participatory, reasoned, and reviewable procedure. This article argues that a Supreme Court Regulation, as mandated by Article 246(4) of the New Criminal Procedure Code, is necessary to operationalize judicial pardon in a fair, proportionate, accountable, and legally certain manner.
The Right to Remain Silent vs. Defendant Statements: Examining Indonesia's New Criminal Procedure Code Dede Kania; Tia Ludiana; Agi Attaubah Hidayat
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.2026.26.2.17777

Abstract

Article 142 of the New Criminal Procedure Code introduces the right to remain silent, yet it conflicts with Article 235, which continues to recognize defendant statements as valid evidence. This normative discrepancy creates legal uncertainty regarding the protection of suspects' and defendants' rights during the evidentiary process in Indonesia's judicial system. The aim of this research is to examine the existence of Defendant Statements in Indonesia's New Criminal Procedure Code in light of the Right to Remain Silent principle. The research adopts a normative legal method supported by a comparative approach in the United States of America and the Netherlands. It analyzes statutory provisions and compares them with legal systems that firmly uphold the privilege against self-incrimination. The findings demonstrate a clear contradiction between Article 142, which guarantees the Right to Remain Silent, and Article 235, which still recognizes Defendant Statements as valid evidence. This inconsistency creates legal uncertainty and undermines the effective protection of suspects’ and defendants’ rights during the evidentiary process from a critical perspective, suggesting that New Criminal Procedure Code has not fully embraced the principle of due process. It also creates the potential for abuse of power, particularly in practices that pressure defendants into providing statements. This study, therefore, proposes harmonising Articles 142 and 235 to ensure coherence between human rights principles and evidentiary mechanisms. The study contributes to this by offering a doctrinal and comparative framework to reinforce the implementation of the non-self-incrimination principle within Indonesia's criminal justice system.
Digital Transformation of Land Certificates in Combating Land Mafia: A Socio-Legal and Empirical Study in Indonesia Muhammad Yasir; Gunawan Hadi Purwanto
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.2026.26.2.17809

Abstract

The implementation of electronic land certificates is a fundamental component of the digital transformation of land administration in Indonesia, aimed at increasing transparency, efficiency, and legal certainty. While previous studies often view electronic certificates as merely administrative tools, this study addresses a critical gap by analyzing their socio-legal implications and legal effectiveness in combating land mafia practices. Employing empirical legal research methods with a socio-legal approach, this study leverages in-depth interviews with the Bojonegoro Agrarian Office, law enforcement officers, and rural communities in East Java, as well as field observations. Empirical findings indicate that digitalization has resulted in significant improvements in administrative efficiency, reducing certificate issuance times by approximately 50% and measurably reducing document forgery disputes by 30% between 2022 and 2024. However, digitalization has proven only partially effective: rather than eliminating agrarian crimes, it has altered their modus operandi, creating new vulnerabilities to internal database manipulation and systemic bureaucratic collusion. Furthermore, a structural digital divide and persistent low public trust among rural and elderly demographics critically hinder the program's universal success. This manuscript contributes to the international scholarly discourse on digital land governance by demonstrating that, in developing countries, technological modernization must be strictly accompanied by institutional integrity, strict bureaucratic oversight, and socio-legal inclusiveness to achieve substantive legal certainty.
Eliminating Sectoral Ego in Law Enforcement: Integrating Whistleblowing Systems for Corruption Eradication in the Indonesian Judicial System Selamat Widodo; Astika Nurul Hidayah; Ika Ariani Kartini; Kiki Kristanto
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.2026.26.2.19145

Abstract

Corruption in Indonesia's judicial system remains a persistent structural problem, exacerbated by sectoral egos among law enforcement agencies and the fragmentation of existing mechanisms for reporting violations. Currently, the reporting system is not implemented in an integrated manner, thereby weakening coordination, undermining legal protection for whistleblowers, and creating procedural loopholes that facilitate impunity. This study aims to analyse the urgency of integrating the violation reporting system among law enforcement agencies as a strategic tool to eradicate corruption in the judicial system. Using a normative legal research methodology with a conceptual approach, this study combines a sociological-legal approach with empirical data from corruption case reports, institutional policies, and secondary data from anti-corruption agency reports from year to year. Although each law enforcement institution in the criminal justice system has its own whistleblowing mechanism, these remain fragmented, so integration is needed to enable mutual oversight, overlapping authority, and weak coordination between agencies, which reduces the effectiveness of corruption detection and eradication. An integrated reporting system, supported by comprehensive regulations and adequate whistleblower protection mechanisms, can improve transparency, accountability, and inter-agency coordination. This study concludes that eliminating sectoral egos through regulatory harmonisation and digital integration of reporting systems is a prerequisite for sustainable judicial reform. It is recommended that the government establish a centralised and interoperable reporting system.

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